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hFN/7-^/.Az/NC 



7- 



The 
NORTH CAROLINA 

REGISTER 




IN THIS ISSUE 




EXECUTIVE ORDER 




PROPOSED RULES 




Agriculture 




Economic and Community Development 


Environment, Health, and Natural Resources 


Human Resources 




Insurance 




Justice 

Real Estate Commission 


RECEDED 


State Personnel 


W tf 8 1991 


ARRC OBJECTIONS 


pw LIBRARY 



RULES INVALIDATED BY JUDICIAL DECISION 



ISSUE DATE: MAY 1, 1991 

Volume 6 • Issue 3 • Pages 100-185 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 day; 
whichever is less. An agency adopting a temporary nil 
must begin normal rule-making procedures on the pei 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules c 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 15,000 letter siz 
single spaced pages of material of which approximat 
ly 35% is changed annually. Compilation and public 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimu 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0.15) per eac 
additional page. 

(2) The full publication consists of 53 volume 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages, 
one year subscription to the full publication i 
eluding supplements can be purchased f< 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wi 
supplement service. Renewal subscriptions f 
supplements to the initial publication availab 

Requests for pages of rules or volumes of the NC 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pi 
cedures to be followed. For specific statutory languaj 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issi 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198 



North Carolina Register. Published bi-monthly by the 
Office of Administrative Hearings, P.O. Drawer 27447 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 

North Carolina Administrative Code. Published in 
looseleaf notebooks with supplement service by the 
Office of Administrative Hearings, P.O. Drawer 27447 
Raleigh, North Carolina 27611-7447, pursuant tc 
Chapter 150B of the General Satutes. Subscription! 
seven hundred and fifty dollars ($750.00). Individua 
volumes available. 






NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P.O. Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



EXECUTIVE ORDER 

Executive Order 139... 



.100 



II. PROPOSED RULES 
Agriculture 

Plant Industry 102 

Economic and Community 

Development 

Community Assistance 104 

Environment, Health, and 

Natural Resources 

Marine Fisheries 122 

Wildlife Resources 

Commission 170 

Human Resources 

Facility Services 104 

Medical Assistance 112 

Social Services 116 

Insurance 

Actuarial Services 1 19 

Justice 

Private Protective Services 121 

Licensing Board 

Real Estate Commission 171 

State Personnel 

State Personnel Commission ...172 



III. ARRC OBJECTIONS 178 

IV. RULES LNVALIDATED BY 

JUDICIAL DECISION 182 

V. CUMULATIVE INDEX 184 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1991 - December 1992) 

Issue Last Day Last Day Earliest * 

Date for for Date for Earliest 

Filing Electronic Public Effective 

Filing Hearing & Date 
Adoption by 
Agency 

******** ******** ******** ******** ******** 

04/01/91 03/11/91 03,18/91 05/01,91 08/01/91 

04/15/91 03/2291 04,01/91 05/15/91 08/01/91 

05/01/91 04/10/91 04,17/91 05/31/91 09 01/91 

05/15/91 04/24 91 05/01/91 06/14/91 09/01/91 

06/03/91 05/10/91 05/17/91 07/03/91 10/01/91 

06/14/91 05/23/91 05/31/91 07/14/91 10/01/91 

07/01/91 06/10/91 06/17/91 07/31/91 11/01/91 

07/15/91 06/21/91 06/28/91 08/14/91 11/01/91 

08/01/91 07/11/91 07/18/91 08/31/91 12/01/91 

08/15/91 07/25/91 08 01/91 09/14/91 12/01/91 

09/03/91 08/12/91 08/19/91 10/03/91 01/01/92 

09/16 91 08/23 91 08/30/91 10/16/91 01/01/92 

10/01/91 09/10-91 09/17/91 10/31/91 02/01/92 

10/1591 09/24/91 10/01/91 11/14/91 02/01 '92 

11/01/91 10/11/91 10 18/91 12/01/91 03/01/92 

11/15/91 10/24/91 10/31/91 12/15/91 03/01/92 

12/02/91 11/07/91 11/14/91 01/01/92 04/01/92 

12/16/91 11/21 91 12/02/91 01/15/92 04/01/92 

01/02 92 12/09/91 12/16/91 01/31/92 05/01/92 

01/15/92 12/2091 12/31/91 02/14/92 05/01/92 

02/03/92 01/10 92 01/17/92 03/04/92 06/01/92 

02/14 92 01/24/92 01,31/92 03/15/92 06/01/92 

03/02/92 02/10/92 02/17/92 04/01/92 07/01/92 

03/1692 02/2492 03/02/92 04/15/92 07/01/92 

04/01/92 03/11 92 03 18/92 05/01/92 08 01/92 

04/15.92 03/25/92 04 01/92 05/15/92 08/01/92 

05 0192 04/10 92 04 17/92 05/31/92 09,01/92 

05/15 92 04/24 92 05 01/92 06 14,92 09,01' 92 

06/01,92 05/11/92 05/18/92 07/01/92 10,01/92 

06/15,92 05/25,92 06 01/92 07/15/92 10/01/92 

07/01,92 06/10,92 06/17/92 07/31/92 11/01/92 

07/15/92 06/24/92 07/01/92 08/14/92 11/01/92 

08/03,92 07/13,92 07/20/92 09/02,92 12/01/92 

08 14 92 07,24 92 07/3192 09/13,92 12/01/92 

09/01,92 08/11,92 08/18/92 10/01/92 01/01/93 

09/15/92 08/25 92 0901,92 10 15/92 01/01/93 

10/0192 09,1092 09 17/92 10/31/92 02/01/93 

10/15 92 09/24/92 10/01/92 11/14/92 02/01/93 

11/02/92 10/12 92 10/19/92 12/02/92 03/01/93 

11/16,92 10/23 92 10 30 92 12/16/92 03'01/93 

12/01/92 11/06.92 11 13.92 12/31/92 04/01/93 

12/1592 11/24/92 12/01/92 01/14,93 04/01/93 



* 



The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 139 

ESTABLISHING THE GOVERNOR'S 

VOLUNTEER 

ADVISORY COUNCIL 

WHEREAS, Congress has passed and the Presi- 
dent has signed the National and Community 
Service Act of 1990; and 

WHEREAS, the Act requires that the Governor 
or his designee submit one consolidated applica- 
tion for funding to the National Service Act 
Commission; and 

WHEREAS, I fmd that an advisory council is 
necessary to assist me in the development of a 
consolidated, statewide plan for volunteer pro- 
grams in North Carolina; 

NOW THEREFORE, by the authority vested in 
me as Governor by the Constitution and laws of 
North Carolina; IT IS ORDERED: 



Establishment. There is hereby 
e Governor's Volunteer Advis 



Section 1. fcstaDiis 
tablished the Governor's 
Council. 



es- 
'isory 



Section 2. Membership. Members of the Vol- 
unteer Advisory Council shall be appointed by 
the Governor. The Council shall consist of no 
fewer than 15 and no more than 18 members. In 
establishing the Volunteer Advisory Council, the 
Governor shall appoint 8 members for a term of 
one year, and 7 to 10 members for a term of two 
years. Following expiration of the one-year 
term, all appointments shall be for two-year 
terms. Members may not serve more than two 
consecutive terms. Members shall be represen- 
tatives from the public, private, and non-profit 
sectors and individuals with a special interest in 
the promotion of volunteerism. 

Section 3. Officers. The Officers of the Vol- 
unteer Advisory Council shall be Chairman, 
Vice-Chairman, and Secretary. The Chairman 
shall be appointed by the Governor. The Vice- 
Chairman and Secretary shall be elected by the 
Council. All officers shall serve for a term of one 
year. In the event of a vacancy in the office of 
Chairman, the Governor shall appoint a replace- 
ment to finish the unexpired term. Vacancies in 
the offices of Vice-Chairman and Secretary shall 
be filled by election by the Council. 

Chairman: It shall be the duty of the Chairman 
to preside at all meetings of the Advisory Coun- 
cil; to appoint all committee chairmen; to assist 
all chairmen in the planning of committee activ- 



ities; to supervise all chairmen as to the manage- 
ment of committee plans; to call all special 
meetings with the approval of the Governor's 
Office of Citizen Affairs Executive Director; and 
to be an ex-officio member of all committees. 

Vice-Chairman: The Vice-Chairman shall assist 
the Chairman, and in the absence of the Chair- 
man shall perform the duties of the Chairman. 
The Vice-Chairman shall accept special assign- 
ments from the Chairman and perform other 
duties as delegated by the Volunteer Advisory 
Council. 

Secretary: The Secretary shall be responsible for 
the minutes of the meetings of the Advisory 
Council and the Executive Committee; shall keep 
an updated list of names, addresses and phone 
numbers of Volunteer Advisory Council mem- 
bers; and shall keep a record of attendance at 
meetings. 

Section 4. Executive Committee. There shall 
be an Executive Committee consisting of the 
Officers of the Volunteer Advisory Council, the 
Executive Director of the Governor's Office of 
Citizen Affairs, and the Governor's Volunteer 
Program Coordinator. The Executive Commit- 
tee shall have authority to act as the full Council 
in instances where it is impossible to assemble 
the entire Council. 

Section 5. Meetings. The Advisory Council 
shall meet at least bi-monthly. Failure to attend 
at least 75 percent of called meetings in any cal- 
endar year shall result in removal from the 
Council. At least fourteen days prior to a full 
Volunteer Advisory Council meeting, notice in 
writing shall be given to each member by first 
class mail, postage prepaid and sent to the mem- 
ber's last known address as shown in the records 
of the Commission. A quorum shall consist of 
a simple majority of the current Volunteer Advi- 
sory Council membership. Roberts Rules of 
Order, revised, shall be the parliamentary au- 
thority for all matters of procedure. 

Section 6. Purpose. The Governor's Volunteer 
Advisory Council shall advise, assist, and support 
the Governor and his Office of Citizen Affairs in 
matters involving volunteerism and the planning 
and implementation of volunteer programs. This 
Council shall, in its advisory role, assist the 
Governor's National Service designee and the 
Governor's Office of Citizen Affairs in the devel- 
opment and coordination of a consolidated 
statewide plan for volunteer programming in 
North Carolina. 



6:3 NORTH CAROLINA REGISTER May I, 1991 



100 



EXECUTIVE ORDER 



Section 7. Duties. The Council shall have the 
following duties: 



(7) Serve as advocates for volunteerism in 
matters involving legislation on the state and 
federal levels; 



( 1 ) Assist the Governor's designee with the 
planning and submission of a coordinated 
statewide plan for volunteer programs in 
each of the Title areas of the National and 
Community Service Act of 1990; 

(2) Make recommendations for innovative, 
creative programs to increase volunteer par- 
ticipation in all age groups; 

(3) Assist the Governor's Office of Citizen Af- 
fairs in the planning and implementation of 
volunteer programs; 

(4) Develop and establish a centralized, organ- 
ized system of obtaining information and 
advice concerning volunteerism throughout 
North Carolina; 

(5) Assist the Governor's Office of Citizen Af- 
fairs in forming a partnership between gov- 
ernment (state and federal), non-profit 
organizations, private volunteer organiza- 
tions, and the business community to ensure 
support and further the advancement of 
North Carolina's volunteer community; 

(6) Assist in the planning of statewide recogni- 
tion and recruitment of volunteers and pro- 
motion of volunteerism; 



(8) Advise and assist in the development of 
future Governor's Office of Citizen Affairs 
goals and objectives concerning 
volunteerism in North Carolina; 

(9) Serve as representatives of the Governor at 
volunteer functions throughout the State. 

Section 8. Administration and Expenses. The 
staff of the Governor's Office of Citizen Affairs 
shall serve as administrative support for the Ad- 
visory Council. A Governor's Office of Citizen 
Affairs staff member shall serve as Administrator 
to the Advisory Council. Permanent records of 
all Volunteer Advisory Council business shall be 
maintained in the Governor's Office of Citizen 
Affairs and shall be the responsibility of the 
Council Administrator. 

No per diem allowances shall be paid to mem- 
bers of the Council. .Members of the Council 
may be reimbursed for necessary travel and 
subsistence expenses as authorized by N.C.G.S. 
13S-5. Funds for reimbursement of such ex- 
penses shall be made available from funds au- 
thorized by the Governor's Office of Citizen 
Affairs. 

This Order effective this the 28th day of March, 
1991. 



101 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

iV otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Plant Conservation Board 
intends to amend rule(s) cited as 2 NCAC 48F 
.0301 and .0302. 

1 he proposed effective date of this action is 
September I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on May 31, 1991 at the Board Room, Agri- 
culture Bldg., 1 W. Edenton St., Raleigh, NC. 

(_• omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Cecil Frost, Secretary of the 
North Carolina Plant Conservation Board, P. O. 
Box 27647, Raleigh, NC 27611. 

CHAPTER 48 - PLANT INDUSTRY 

SUBCHAPTER 48F - PLANT CONSERVATION 

SECTION .0300 - ENDANGERED PUANT 

SPECIES LIST: THREATENED PLANT 

SPECIES LIST: LIST OF SPECIES OF 

SPECIAL CONCERN 

.0301 ENDANGERED PLANT SPECIES LIST 

The North Carolina Plant Conservation Board 
hereby establishes the following list of endan- 
gered plant species: 

(1) Aeschynomene virginica -- (L.) B.S.P. 
Sensitive Joint vetch; 

(2) Aruthua Arethusa bulbosa — L. 
Bog Rose; 

(3) Asplenium heteroresiliens -- W. H. Wagner 
Carolina Spleenwort; 

(4) Asplenium monanthes -- L. 
Single-sorus Spleenwort; 

(5) Aster depauperatus ~ Fern aid 
Serpentine Aster; 

(6) (4) Bryocrumia andersonii -- (Bartr.) 
Anders. Gorge Moss; 

(7) (6) Buckleya distichophylla -- (NuttaJl) 
Torrey Piratebush; 

(8) (4) Calamagrostis cainii — Hitchcock 
Cain's Reed Grass; 

(9) (&) Calamovilfa brevipihs -- (Torrey) 
Scribncr Pine Barrens Sandreed; 

(10) (9) Cardamine micranthera — Rollins 
Small-anthered Bittercress; 

(1 1) (44) Carex aenea -- Femald 
Fernald's Hay Sedge; 



Manhart's Sedge; 

(14) (44) Carex schweinitzii — 
Schweinitz Schweinitz's Sedge; 

(15) Chrysoma pauciflosculosa ~ (Michx.) 
Greene Woody Goldenrod; 

( 1 6) Conioselinum chinense ~ (I,.) B.S.P. 



(12) (444 Carex barrattii — Schweinitz and 
Torrey Barratt's Sedge; 

(4-34 Carox purpurifora — Mackonxie 
Purple Sodge; 

(13) Carex manhartii -- Brvson 



Dewey ex 



Hemlock Parsley; 

(17) (44) Cystoptens tennesseensis — Shaver 
Tennessee Bladderfem; 

(18) (44) Dalibarda repens - L. 
Robin Runaway; 

(19) (44) Delphinium exaltatum — Aiton 
Tall Larkspur; 

(20) (44) Echinacea laevigata — (Boynton 
and Beadle) Blake Smooth Coneflower; 

(21) (44) Eriocaulon lineare -- Small 
Linear Pipewort; 

(22) (44) Lupatorium resinosum — Torrey ex 
DC Resinous Boneset; 

(23) (44) Gentianopsis crinita — (Froelich) Ma 
Fringed Gentian; 

(24) (444 Geum radiatum — Michaux 
Spreading Avens; 

(43) Glyeoria nubigona — W.A. Andoroon 
Smoky Muuntain Mannagrass; 

(25) (-34) Grammitis nimbata -- (Jenm.) Proctor 
Dwarf Polypody Fern; 

(26) (34) Helianthus schweinitzii — T. & G. 
Schweinitz's Sunflower; 

(27) {QSi Hexastylis contracta — Blomquist 
Mountain Heartleaf; 

(28) (44) Hexastylis naniflora — Blomquist 
Dwarf- flowered I leartleaf; 

(29) (4?) Houstonia purpurea var. montana -- 
(Small) Terrell Mountain Bluet; 

(30) (3*) Hydrastis canadensis — L. 
Goldenseal; 

(31) (30) Isotria medeoloides - (Pursh) Raf. 
Small Whorled Pogonia; 

(32) (444 Juncus trifidus ssp. carolinianus -- 
Hamet Ahti One-flowered Rush; 

(33) (44) Kalmia cuneata — Michaux 
White Wicky; 

(34) (43) Lindera melissaefolia — (Walter) 
Blume Southern Spicebush; 

(35) (44) Lindera subcoriacea -- Wofford 
Bog Spicebush; 

(36) Lophiola aurea — Ker-Gawl. Golden 
Crest; 

(37) f44) Lysimachia asperulaefolia -- Poiret 
Rough-leaf Loosestrife; 

(38) f344 Lysimachia fraseri - Duby 
Eraser's Loosestrife; 



6:3 NORTH CAROLINA REGISTER May I, 1991 



102 



PROPOSED RULES 



(39) 434) Minuartia godfreyi — (Shinners) 
McNeill Godfrey's Sandwort; 

(40) 43?) Minuartia uniflora -- (Walter) 
Mattfield Single-flowered Sandwort; 

(41) f44> Muhlenbergia torreyana -- (Schultes) 
Hitchcock Torrey's Muhly; 

(42) Mvrica gale -- L. 



Sweet Gale; 



Ker 



(43) (44> Narthecium americanum — 
Bog Asphodel; 

(44) 444: Orbexilum macrophyllum -- (Rowlee 
ex Small) Rydberg Bigleaf Scurfpea; 

(45) (44-)- Orthotrichum keeverae -- Crum & 
.Anders. Keever's Bristle Moss; 

(46l (43) Oxypolis canbyi -- (Coult. & Rose) 
Fern. Canby's Cowbane; 

(47) (44) Parnassia caroliniana -- Michaux 
Carolina Grass-of- Parnassus; 

(48) (44) Pellaea wrightiana -- Hooker 
Wright's Cliff-brake Fern; 

(49) (44) Plantago cordata — Lam. 
Heart-leaf Plantain; 

( 50 ) (-444 Plantago sparsiflora -- Michaux 
Pineland Plantain; 

(51) 447-) Platanthera integrilabia — (Correll) 
Leur White Fringeless Orchid; 

(52) Poa paludigena « Fern aid & Wiegand. 
Bog Bluegrass; 

(53) (44+ Portulaca smallii -- P. Wilson 
Small's Portulaca; 

(54) (49) Pteroglossaspis ecristata — (Fernald) 
Rolle Fulophia; 

(55) 4SQ) Ptilimnium nodosum -- (Rose) 
Mathias Harperella; 

(56) (444 Pvxidanthera barbulata var. brevifolia 
- (Well's) /Miles Wells' Pyxie-moss; 

(57) (43* Rhus michauxii -- Sargent 
Michaux's Sumac; 

(58) (43) Sagittaria fasciculata - E.O. Beal 
Bunched .Arrowhead; 

(59) (44} Sarracenia jonesii — Wherry 
Mountain Sweet Pitcher Plant; 

(60) (44^ Sarracenia oreophila -- (Kearney) 
Wherry Green Pitcher Plant; 

(61 ) (444 Schwalbea americana — L. 
Chafl'seed; 

(62) (44} Sedum pusillum -- Michaux 
Puck's Orpine; 

(63) (44} Sedum rosea -- (L.) Scop. 
Roseroot; 

(64) (44} Senecio schweinitzianus -- Nuttall 
Schwernitz's Groundsel; 

(65) (44} Shortia galacifolia - T. & G. 
Oconee Bells; 

(66) (-644 Sisyrinchium dichotomum -- Bicknell 
Retlexed Blue-eyed Grass; 

(67) Solidago ptarmicoides - (Nees) Boivin 
Prairie Goldenrod: 



(68) (43) Solidago pulchra — Small 
Carolina Goldenrod; 

(69) (43) Solidago spithamaea — M.A. Curtis 
Blue Ridge Goldenrod; 

(70) (44) Solidago vema - M.A. Curtis ex T. 
& G. Spring-flowering Goldenrod; 

(71) (44) Spiraea virginiana — Britton 
Virginia Spiraea; 

(72) (44) Sporobolus heterolepis — Gray 
Prairie Dropseed; 

(73) (4?) Stylisma pickeringii var. pickeringii — 
(Torrey ex M.A. Curtis) Gray 
Pickering's Morning Glory; 

(74) (4*) Thalictrum cooleyi - Ahles 
Cooley's Meadowrue; 

(75) (44} Trillium pusillum -- Michaux 
Carolina Least Trillium; 

(76) (40) Trisetum spicatum var. molle — 
(Michaux) Beal Soft Trisetum. 

Statutory Authority G.S. 106-202.15. 

.0302 THREATENED PLANT SPECIES LIST 

The North Carolina Plant Conservation Board 
hereby establishes the following list of threatened 
plant species: 

(1) Amaranthus pumilus -- Raf. 
Seabeach Amaranth; 

(2) Cacalia rugelia — (Shuttl. ex Chapm) 
Barkley & Cronq. Rugel's Ragwort; 

(3) Camassia scilloides -- (Raf.) Cory 
Wild Hyacinth; 

(4) Carex chapmanii — Steudel 
Chapman's Sedge; 

(5) Carex conoidea — Willd. 
Cone-shaped Sedge; 

(4) Carox mi ' iera — Bucldoy 
Wrotohod Sodgo; 

(6) (4) Carya myristicaeformis — (Michaux f.) 
Nuttall Nutmeg Hickory; 

(7) (4} Eleocharis halophila -- Fem. & Brack. 
Salt Spikerush; 

(8) (4} Fimbristylis perpusilla -- Harper ex 
Small & Britton Harper's Fringe-rush; 

(9) (44} Geum geniculatum -- Michaux 
Bent Avens; 

(10) Glvceria nubigena — W.A. Anderson 
Smokv Mountain Mannaarass; 



(11) Gymnoderma lineare -- (Evans) 
Voshimura & Sharp Gnome Finger Lichen; 

(12) Helonias bullata - L. 
Swamp Pink; 

(13) Hudsonia montana -- Nuttall 
Mountain Golden Heather; 

(14) Ilex collina - Alexander 
Pong-stalked Holly; 

(15) Isoetes piedmontana -- (Pfeiffer) Reed 
Piedmont Quillwort; 



103 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



(16) Liatris helleri - (Porter) Porter 
Heller's Blazing Star; 

(17) Lilaeopsis carolinensis — Coult. & Rose 
Carolina Lilaeopsis; 

(18) Lilium grayi -- Watson 
Gray's Lily; 

(19) Menyanthes trifoliata -- L. 
Buckbean; 

(20) Myriophyllum laxum -- Schuttlew. ex 
Chapman Loose Watermiifoil; 

(344 Nootronia umbellula — R-afc 
Nootronia; 

(21) (33} Platanthera integra -- (Nuttall) Gray 
ex Beck Yellow Fringeless Orchid; 

(22) (33} Rhexia aristosa -- Britton 
Awned Meadow-beauty; 

(23) (34} Rudbeckia heliopsidis -- T. & G 
Sun-facing Coneflower; 

(24) (35} Sabatia kennedyana -- Fern. 
Plymouth Gentian; 

(25) (36} Schisandra glabra -- (Brickel) Rehder 
Magnolia- vine; 

(26) (3?} Schlotheimia lancifolia -- Bartr. 
Highlands Moss; 

(27) (3&} Senecio millefolium — T. & G 
Divided-leaf Ragwort; 

(28) (30} Sporobolus teretifolius -- Harper 
Wireleaf Dropseed; 

(29) (39} Thelypteris simulata — (Davenp.) 
Nieuwl. Bog Fern; 

(30) (34} Trichomanes boschianum -- Sturm ex 
Bosch Appalachian Filmy-fern; 

(31) (33} Trichomanes petersii — A. Gray 
Dwarf Filmy-fern; 

(32) (33} Trillium discolor -- Wray ex Hook. 
Mottled Trillium; 

(33) (34} Utricularia olivacea — Wright ex 
Grisebach Dwarf Bladderwort. 

Statutory Authority G.S. / 06-202.1 5. 

TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMUNITY DEVELOPMENT 

ly otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Division of Community Assist- 
ance intends to amend rule(s) cited as 4 NCAC 
19L .0906 and .0907. 

1 he proposed effective date of this action is 
September 1, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on June 3, 1991 at 1307 Glenwood Ave., 
Suite 250, Raleigh, N. C. 27605. 



Co 



-omment Procedures: Written comments may 
be sent to Bob Chandler, Division of Community 
Assistance, 1307 Glenwood Avenue, Suite 250, 
Raleigh, N. C 27605. Oral presentations may be 
made at the public hearing. Persons having 
questions should call Steve Culnon at (919) 
733-2850. 

CHAPTER 19 - DIVISION OF COMMUNITY 
ASSISTANCE 

SUBCHAPTER 19L -NORTH CAROLINA 

COMMUNITY DEVELOPMENT BLOCK 

GRANT PROGRAM 

SECTION .0900 - GRANT ADMINISTRATION 

.0906 FINANCIAL MANAGEMENT SYSTEMS 

Recipient financial management systems shall 
provide for accurate, current and complete dis- 
closure of the financial results of each grant pro- 
gram in accordance with reporting requirements 
set forth in G.S. 159, Subchapter III, the Local 
Government Budget and Fiscal Control Act. 
Recipients shall meet the following requirements: 
(2) A recipient may deposit or invest all or 
part of the cash balance of any grant fund; 
however, all interest earned shall be returned 
to the Department in accordance with Piulo 
.0905(c) Rule .0907(c) of this Section; 

Authority G.S. 14-234; 143-323; 143B-10; 24 
C.F.R. 570.489; 24 C.F.R. 570.496; U.S.C.A. 
5304(b), (d),(e). 

.0907 PROGRAM INCOME 

(c) All interest earned on grant funds prior to 
distribution shall be returned to the Department, 
except as follows: 

(1) as may be required by Rule .0904 and Rule 
.0905 of this Subchapter; and 
recipients may keep one hundred dollars 
( S 1 00.00) per year for administrative ex- 
penses in accordance with 24 CFR Part 
85, 21(1). 



12) 



Authority G.S. 143-323; 143B-10; 24 C.F.R. 
570.489; 24 C.F.R. 570.494; 42 U.S.C.A. 
5304(b)(4). 



TITLE 10 



DEPARTMENT OF HUMAN 
RESOURCES 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Child Day Care Commission in- 
tends to adopt rules cited as 10 NCAC 3U .0207 
- .0208, .1905; amend rules cited as 10 NCAC 3 U 



6:3 NORTH CAROLINA REGISTER May I, 1991 



104 



PROPOSED RULES 



.0102, .0206, .0303, .05/0 - .0511, .0604, .0702, 
.0705, .0707, .0710 - .0714, .0802, .0804, .0901, 
.1003, .1403, .1612, .1717, .1903, .2201, .2206, 
.2508, .2510, .2606, .2611 repeal rules cited as 10 
NCAC3U .1101 - .1104; 1201 - .1203. 

1 he proposed effective date of this action is 
September 1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. to 2:00 p.m. on June 1, 1991 at the Mission 
I 'alley Inn. 21/0 Avent Ferry Road, Raleigh, NC. 

(^ omment Procedures: Any interested person 
may present his or her views and comments either 
in writing to or at the hearing or orally at the 
hearing. Any person may request permission to 
be heard or information about the proposed rules 
by writing or calling Dolores Whittemore, Child 
Day Care Section, 701 Barbour Drive, Raleizh, 
NC 27603; (919) 733-4801. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3L - CHILD DAY CARE 
STANDARDS 

SECTION .0100 - PLRPOSE AND DEFINITIONS 

.0102 DEFINITIONS 

The terms and phrases used in this Subchapter 
shall be defined as follows except when the con- 
tent of the rule clearly requires a different mean- 
ing. The definitions prescribed in G.S. 110-86 
also apply to these Rules. 

(21) "Preschool-aged child" means any child 
b e twiii ' n birth aft4 ftve years ef am under 13 
ears of age who does not fit the definition 
of school-aged child in this Rule. 

(29) "Substitute" means any person who tem- 
porarily assumes the duties of a regular staff 
person for a time period not to exceed two 
consecutiye months. 

(30 1 (39) 'Teacher" means the caregiyer who 
has responsibility for planning and imple- 
menting the daily program of actiyities for 
each group of children. 

(31 1 (4% "Temporary care arrangement" means 
any child day care arrangement required to 
be regulated pursuant to G.S. 110-86 which 
proyides either drop-in care or care on a 
seasonal or other part-time basis. 

1 '2i (44-f "Temporary license" means the license 
which may be issued when a licensed center 
changes location or changes ownership. 

(?~}) (-4J+ "Volunteer" means a person who 
works in a day care center or day care home 



and is not monetarily compensated by the 
center or home. 

Statutory Authority G.S. 110-88; J43B-168.3. 

SECTION .0200 - GENERAL PROVISIONS 
RELATED TO LICENSING 

.0206 CAPACITY OF THE FACILITY 

(b) Except as proyided in the definition of large 
home in Rule .0102 of this Subchapter, the 
number of children present at enrolled to attend 
the facility at any one time shall not exceed the 
licansea 1 permit capacity of the facility. 

Statutory Authority G.S. 110-86(3); 110-91(6); 
1 43 B- 168. 3. 

.0207 SCHOOL-AGE CHILDREN OF THE 
OPERATOR 

The operator's own school-age children shall 
not be considered to be enrolled in the facility 
and, therefore, shall not be counted when deter- 
mining the facility's compliance with the rules of 
this Subchapter. 

Statutory Authority G.S. 110-86(3); 143B-J68.3. 

.0208 PERMISSION FOR CHILDREN TO 
PLAY OUTSIDE THE PROTECTED 
OLTDOOR AREA 

When the facility uses areas outside the fenced 
outdoor play area for children's actiyities or takes 
children off the premises for play or outings, the 
parent of each child shall be asked to give written 
permission for the child to be included in such 
activities. The permission may be a blanket 
permission or one specific to only certain activ- 
ities or places. The facility shall maintain the 
signed permission in the child's record. Children 
may be included in only those activities outside 
the fenced play area or off the premises for which 
their parents have given written permission. 

Statutory Authority G.S. 110-85(2); 110-91(3), 
(6); 143B- 168.3. 

SECTION .0300 - PROCEDURES FOR 
OBTAINING A LICENSE 

.0303 RENEWAL OF A LICENSE 

(a) Each licensee must annually apply for re- 
newal of the license using forms supplied by the 
section. 

( 2 ) The licjii ' JOL 1 must operator shall notify the 
local sanitarian a»4 fire inspector that- 
\\ hen it is time for th e ir the facility's an- 
nual renewal inspection. 



105 



6:3 SORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



(3) If the last sanitation inspection occurred 
more than 12 months prior to the permit 
renewal date, the operator shall request an 
inspection of the facility prior to the per- 
mit renewal date by the sanitarian. The 
operator shall have on file an inspection 
report showing the facility to be approved 
as determined by_ the local or district 
health inspector at the latest sanitation 
inspection. 

(4) f34 A new building inspection is not re- 

quired unless the licensee wants to begin 
using space not previously approved for 
day care, has made major renovations to 
the building, has added new construction, 
or wants to remove any restriction related 
to building codes currently on the license. 



Statutory A uthority 
1 43 B- 168.3: 150B-3. 



G.S. 110-88(5); 1/0-93; 



SECTION .0500 - AGE APPROPRIATE 
ACTIVITIES FOR CENTERS 

.0510 ACTIVITY AREAS: PRESCHOOL-AGED 
CHILDREN TWO YEARS AND OLDER 

(d) Each center shall make at least four of the 
activity areas listed in Paragraph (e) of this Rule 
available daily to children daily preschool-age 
children two years or older as follows: 

(1) Medium and large centers shall have at 
least four activity areas available in the 
space occupied by each group of children. 

(2) Small day care centers shall have at least 
four activity areas available daily. In 
small centers, separate groups of children 
may share use of the same activity areas. 



Statutory Authority G.S. 
1 43 B- 168.3. 



110-91(6), (12); 



.051 1 ACTIVITIES FOR INFANTS AND 
TODDLERS 

(f[ Children shall be toilet trained according to 
individual readiness. 

Statutory Authority G.S. 1 10-91(2) ( 12) • 
143B- 168.3. 

SECTION .0600 - SAFETY REQUIREMENTS 
FOR DAY CARE CENTERS 

.0604 GENERAL SAFETY REQUIREMENTS 

(j) Children shall play inside the f e nced outdoor 
play- afear Gates to the fenced outdoor play area 
shall remain securely closed while children oc- 
cupy the outdoor play area. Children may play 
outside the area or be taken off the premises on 
outings if the facility follows a written plan to 



ensure the safety of the children. When children 
are taken off the premises, staff accompanying 
the children shall have a list of the names of all 
children participating in the outing. 

Statutory Authority G.S. 110-85(2); 
110-91(3), (6); 143B-168.3. 

SECTION .0700 - HEALTH AND OTHER 
STANDARDS FOR CENTER STAFF 

.0702 HEALTH STANDARDS FOR 

SUBSTITUTES AND VOLUNTEERS 

(a) Arrangements shall be made fef substitut e s 
when regular staff are aboont. 

(a) (&} The substitute staff and volunteers who 
are counted in the child day care staff/child ratio 
shall comply with the health standards contained 
in this Section. 

(b) (a> All substitutes and volunteers not in- 
cluded in the child day care staff/child ratio shall 
complete the health questionnaire described in 
Rule .0701 of this Section prior to coming into 
contact with children at the center and will com- 
plete a health questionnaire annually thereafter 
as long as they continue to work in the center. 



Statutory Authority 
1 43 B- 168.3. 



G.S. 110-91(1), (8), (9); 



.0705 SPECIAL TRAINING REQUIREMENTS 

(b) The contor facility shall have on file verifi- 
cation that there is at least one staff person whe- 
ts present at the center at all times children are in 
care who has successfully completed a course in 
basic first aid within the last three years. The 
basic first aid course at a minimum shall address 
principles for responding to emergencies and 
techniques for handling common childhood m- 
luries, accidents and illnesses such as: choking, 
bums, fractures, bites and stings, wounds 



scrapes, bruises, cuts and lacerations, poisoning, 
seizures, bleeding, allergic reactions, eye and nose 
iniuries and sudden changes in body temperature. 

(d) At least one person who has a current R-e4 
Cross Advanced l-lfo Saving ef Water Safety J«- 
f i tructor certificate) life saving training certificate, 
issued by the Red Cross or other issuing entity 
approved by the Section, appropriate for both 
the type of body of water and type of aquatic 
activities shall supervise the children whenever 
they are participating in swimming or other 
aquatic activities in or near a swimming pool or 
other body of water as required in Rule .1403 of 
this Subchapter. 

(e) Each day care facility shall have at least one 
person on the premises at all times who is certi- 
fied by either the American Heart Association or 
the American Red Cross to perform child 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



106 



PROPOSED RULES 



cardiopulmonary resuscitation appropriate for 
the ages of children in care. 

Statutory Authority G.S. 110-91; 143B-16S.3. 

.0707 IN-SERVICE TRAINING 
REQUIREMENTS 

(b) The center director and any staff who have 
responsibility for planning and supervising a day 
care program, as well as staff who work directly 
with children, shall participate in in-service 
training activities annually, according to the in- 
dividual's assessed needs. Staff may choose one 
of the following options for meeting the in- 
service requirement: 

(1) '-fhB staff person shall complete) 30 clock 
hours iff in service) training activities 
which we related to child em e* to toe 
person's je4» responsibilities; e* Each staff 
person shall complete in-service training 
activities which are related to child care 
or to the person's job responsibilities as 
specified in the following Subparagraphs: 

(A) persons with a four-year degree in a 
child care-related field of study from a re- 
gionally accredited college or university 
shall complete three clock hours of train- 
ing annually; 

(B) persons with a two-year degree in a 
child care-related field of study from a n> 
gionallv accredited college or university. 



or persons with at least fifteen years doc- 
umented, professional experience in a lb 
censed or registered child care 
arrangement and a cumulative total of 
more than 50 hours of approved in-service 
training shall complete five clock hours 
of training annually; 
(C) persons with a one-vear certificate in a 
child care-related field of study from a n> 
gionallv accredited college or university. 



or £ 



ersons with at least 10 years docu- 



mented, professional experience in a lb 
censed or registered child care 
arrangement and a cumulative total of 



more than 50 hours of approved in-service 
training, or persons with a Child Devel- 
opment Associate Credential shall com- 
plete seven clock hours of training 
annually; 



(D) all other persons shall complete 20 
clock hours o\_ training annually; or 
(2) If the staff person has completed six 
quarter hours or 66 clock hours of early 
childhood education or child development 
and is enrolled in an early childhood or 
child development curriculum program, 
completion of or enrollment in a course 



which is required or approved for com- 
pletion of that curriculum program will 
fulfill the annual in-service requirement. 
(d) Clock hours of training or education related 
to child care may be accumulated indefinitely and 
counted toward the annual in-service training re- 
quirement. 

Statutory Authority G.S. 110-91(11); 
1 43 B- 1683. 

.0710 PRESERVICE REQUIREMENTS FOR 
TEACHERS AND AIDES 

(a) The teacher-caregjver with responsibility for 
planning and implementing the daily program for 
each group of children shall be at least 18 years 
of age, literate, and have at least one of the fol- 
lowing: 

(1) A high school or general education di- 
ploma and one of the following: 

(A) One year of verifiable experience 
working in a child day care center; or 

(B) Twenty additional hours of training 
within the first six months of employ- 
ment; or 

(C) Successful completion of the Depart- 
ment of Public Instruction's Child Care 
Sendees Occupational Home Economics 
Program; or 

(D) A passing grade in at least the equiv- 
alent of four semester hours in child de- 
velopment at a regionally accredited 
college or university. 

A Child Development Associate Creden- 
tial. 

Graduation from a child care or early 
childhood curriculum program at a com- 
munity college or technical college. 
An undergraduate or graduate degree with 
at least the equivalent of four semester 
hours in child development. 
Five years of verifiable experience working 
in child day care. 



(2) 
(3) 

(4) 

(5) 



ot Statutory Authority G.S. 110-91(8); 1 43 B- 168.3. 



.071 I PRESERVICE REQUIREMENTS FOR 
OTHER STAFF 

(a) Any person whose job responsibility in- 
cludes driving a vehicle to transport children 
shall: 

(1) Be at least 18 years of age; or a duly li- 
censed school bus driver; and 

(2) Have no conviction of Driving While Im- 
paired (DYVT) or other impaired driving 
offense within the last three years; and 

(3) Have a valid driver's license of the type 
required under North Carolina Motor 



107 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



Vehicle Law for the vehicle being driven 
or comparable license from the state in 
which the driver resides, ef 
(4) if regularly transporting mora than twolvo 
persons, have a valid North Carolina 
Class 8 lic e ns e , ef comparablo UconGO 
from the state m which the driver resides. 
(c) Any teacher substitute shall be at least 18 
years old and literate. Any substitute driver shall 
be at least 18 years old and possess a valid driv- 
er's license of the type required under North 
Carolina Motor Vehicle l^aw for the vehicle be- 
ing driven or comparable license from the state 
in which the driver resides. 

Statutory Authority G.S. 110-91(8); 143B-168.3. 

.0712 STAFF/CHILD RATIOS FOR SMALL 
CENTERS 

(a) The staff/child ratios and group sizes for a 
small day care center are as follows: 
Age of Children No. Children 

to 5 years % 

1 to 5 years 

10 
15 
20 



+ 
1 

I 
1 
1 
1 
1 



+4 
\_2 

H 
24 

25 

25 

25 



(g) When only one caregiver is required to meet 
the staff/child ratio, and no children under thre e 
two years of age are in care, that person shall He* 
be responsible) fef may concurrently perform 
food preparation or other duties which are not 
direct child care responsibilities as long as super- 
vision of the children as specified in Rule 0714(e) 
of this Section is maintained. 

(i) Except as provided in Paragraph (g) of this 
Rule, staff members and administrators who are 
counted in meeting the staff/child ratios as stated 
in this Rule shall not concurrently have rospon 
nihility fof perform food preparation or other 
duties which are not direct child care responsi- 
bilities. 

Statutory Authority G.S. 110-91(7); 143B-168.3. 

.0714 OTHER STAFFING REQUIREMENTS 

(g) Arrangements shall be made for qualified 
substitutes or temporary replacements when reg- 
ular staff are absent. When regular staff fail to 
report to work or leave work for a reason which 
can not be scheduled or planned, such as per- 
sonal emergencies or illness, the person in charge 
of the center shall replace the absent staff with a 
substitute within two hours of the time the regu- 
lar staff was scheduled to begin work or left work. 
Supervision of all children as specified in Para- 
graph (e) of this Rule shall be maintained, even 
if staff child ratio and space occupancy require- 
ments must he violated until the substitute ar- 
rives. This allowance does not apply to failure 
to return on time from regular lunch or break 
Statutory Authority G.S. 110-9/(7); 143B-168.3. times. Centers in which this allowance is used 

more than three times within a month will lose 



2 to 5 years 

3 to 5 years 
5 years and older 



No. Staff Group Size 

1 4-412 

I M 

1 20 

1 25 

1 25 

(b) When only one caregiver is required to 
meet the staff child ratio, and children under 
throo two years of age are in care, that person 
shall not be responsible fof concurrently perform 
food preparation or other duties which are not 
direct child care responsibilities. 



.0713 STAFF/CHILD RATIOS FOR MEDIUM 
AND LARGE CENTERS 

(a) The staff/child ratios and group sizes for 
single-age groups of children in medium and large 
day care centers are as follows: 

Age of Children No. Children 

to 1 year 6 

1 to 2 years 7 



for three months the right to violate staff/child 
ratio or space occupancy requirements in such 
circumstances without penalty. When this pro- 



vision is used, the circumstances that required its 
use shall be documented by the person in charge. 



Statutory 
1 43 B- 168.3. 



Authority G.S. 1 10-91(7 ),(8); 



2 to 3 years 


12 


3 to 4 years 


15 


4 to 5 years 


20 


5 years and older 


2^ 


No. Staff 


Group S 



SECTION .0800 



HEALTH STANDARDS FOR 
CHILDREN 



.0802 EMERGENCY MEDICAL CARE 

(b) Emergency medical care information shall 
be on file for each individual child and staff per- 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



108 



PROPOSED RULES 



son. That information shall include the name, 
address, and telephone number of the parent or 
other person to be contacted in case of an emer- 
gency, the child'o phyoioian, individual's choice 
of health care provider, and preferred hospital; 
any chronic illness the child individual has and 
any medication the child is given taken for that 
illness; and any other information that has a di- 
rect bearing on assuring safe medical treatment 
for the child, individual. This emergency med- 
ical care information shall be on file in the center 
on the child's first day of attendance or the staff 
person's first day of employment. 



Statutory Authority G.S. 
I43B- 168.3. 



110-91(1),(2),(9); 



.0804 INFECTIOUS AND CONTAGIOUS 
DISEASES 

(a) Af¥f child v>4tb a» infectious ef contagiouc . 
disease such as Fee measles, mumpo, chicken pox, 
e* tuberculosis, shall Ret att e nd the cent e r until 
the disease is cured #f has pee its course. 

/ Tt 1 A m ■ ■ ti i 1 , 1 ii li ^ Kjj-^wiTJr » 1 1 --i t jli^ ^jjiKir ; i t-i ■ 1 

^^^^t ^^^^^^^ ^^r^^^r^T ^^^^^^t ^^^^^^^^^^^^^^ ^^r ^^t ^^^^^ ^^^^^t^^^t c^r^^r 

is suspected ef having a» infoctious ef contagious 
disease shall be separated from the other children 
until the parent ef other authorised person 
comes fof the child. That child shall Ret return 
te the center until the disease is cured, ef has fee 
its course, ef has been diagnosed by a physician 
ef authorised health professional as Ret being 
infectious ef contagious. 

(e) Any child who has a mild ee!4 may attend 
the center if the child does Ret have a fever ae4 
is able te participate ie regularly scheduled daily 
activities. 

{4} The person i«- charge at the center may re- 
f-ttse to admit aRV- child who » suspected ef- hav 
leg aR infectious ef contagious disease te the 
center. 

(a) Facilities may care for a mildly ill child who 
has a temperature of less than 102 degrees 
Fahrenheit and who remains capable of partic- 
ipating in routine group activities; provided the 
child does not: 

( 1 ) have acute diarrhea characterized bv an 
increased number of bowel movements 
compared to the child's normal pattern 
and with increased stool water; or 

(2) have two or more episodes of acute 
vomiting within a J_2 hour penod; or 

(3) have a red eve or eves accompanied bv a 
discharge that is not clear in color; or 

(4) have scabies or Uce; or 

(5) have a physician's diagnosis requiring that 
the child be separated from other children. 

(b) Facilities which choose to care for mildly 
ill children shall: 



(1) follow all procedures to prevent the spread 
of communicable diseases described in 
15A NCAC 3U .2800, "Sanitation of 
Child Day Care Facilities", as adopted by 



the Health Services Commission; 



(21 



til 



(41 



separate from the other children any child 
who becomes ill while in care or who is 
suspected of having a communicable dis- 
ease or condition other than as described 
in Paragraph (a) of this Rule until the 
child leaves the facility; 
notify all parents at enrollment that the 
facility will be caring for mildly ill chil- 
dren; 

immediately notify the parent of any child 
who becomes ill while in care or who is 
suspected of being ill with a 
communicable condition other than as 
de sen bed in Paragraph (a) of this Rule 
that the child is ill and may not remain in 
care; 



(5) immediately notify the parent of any sick 
child m care if the child's condition im- 
proves or worsens while the child is in 
care. 



Statutory A uthority 
1 43 B- 168.3. 



G.S. 110-91(1),(2); 



SECTION .0900 - NUTRITION STANDARDS 

.0901 GENERAL NUTRITION REQUIREMENTS 

(b) Menus for nutritious meals and snacks shall 
be planned at least one week in advance, shall 
be dated aee At least one dated copy of the cur- 
rent week's menu shall be posted where they it 
can be seen easily by parents and food prepara- 
tion staff when food is prepared or provided by 
the center. Menus shall alse be posted i» the 
food preparation area. A variety of food shall 
be included in meals and snacks. Any substi- 
tution will be of comparable food value and will 
be recorded on the menu. 

Statutory Authority G.S. 110-91(2); 143B- 168.3. 

SECTION .1000 - TRANSPORTATION 
STANDARDS 

.1003 SAFE PROCEDURES 

(f) The driver shall be 18 years old or a duly 
licensed school bus driver and have a valid driv- 
er's license of the type required under North 
Carolina Motor Vehicle 1 aw for the vehicle be- 
ing driven or comparable license from the state 
m which the driver resides and no convictions ot 
Driving While Impaired (DWI) or any other im- 
paired driving offense within the last three years. 
Anyone whe regularly drives a vehicl e carrying 



109 



6:3 NORTH CAROLINA REGISTER May 1, 1 99 1 



PROPOSED RULES 



more Aa» 4-2 passengers shall havo a North 
Carolina Class ^4^ lic e ns e ©f comparablo lioonso 
from the state m which ho/oho r e sides. 



Statutory 
1 43 B- 168. 3. 



Authority G.S. 110-91(13); 



SECTION .1 100 - SANITATION INSPECTIONS 

.1101 DEFINITIONS (REPEALED) 

.1 102 APPROVAL OF CONSTRUCTION: 

RENOVATION PLANS (REPEALED) 
.1103 INSPECTIONS AND REPORTS 

(REPEALED) 
.1104 SCORING: APPROVAL/DISAPPROVAL 

(REPEALED) 

Statutory Authority G.S. 110-91(1); 110-92; 
1 43 B- 168.3. 

SECTION .1200 - SANITATION STANDARDS 
FOR CENTERS 

.1201 SANITATION REQUIREMENTS 

(REPEALED) 
.1202 PROCEDURE WHEN INFECTION 

SUSPECTED (REPEALED) 
.1203 SEVERABILITY (REPEALED) 

Statutory Authority G.S. 1/0-91(1); 110-92; 
BOA- 145; 1 '43 B- 1 '68. 3. 

SECTION .1400 - SPACE REQUIREMENTS 

.1403 SWIMMING POOLS 

(a) Except as provided in Paragraph (b) of this 
Rule, when children participate in swimming or 
other aquatic activities, in- ef near a- swimming 
pool ef other body »f water doopor than 4-8 
inches, a person who has a current J^e4 Cross 
Advancod feife Saving ef Water Saf e ty Instructor 
certificate life saving certificate, issued by the Red 
Cross or other issuing entity approved by the 
Section, appropriate lor both the type of body 
ot water and type of aquatic activities shall be 
present to supervise the swimming ajea children 
in or near the water and shall not be counted in 
the staff-child ratio. 

(b) A person with lifeguard certification is not 
required when there are no more than 12 children 
present and the body of water has no portion 
deeper than 30 inches and the total surface area 
is ntM more than 400 square feet. The children 
shall be supervised by at least one adult who is 
certified to perform cardiopulmonary resusci- 
tation appropriate for the ages of children in care. 

(c| (4>> The staff-child ratios set forth in G.S. 
110-91(7) shall be maintained whenever children 
participate in swimming activities, including 
swimming instruction. 



(d) (e) Any swimming pool deeper than 18 
inches which is located on the day care center 
premises shall be enclosed by a fence and must 
be separated from the remaining outdoor play 
area by that fence. 

Statutory Authority G.S. 110-88(5); 110-91(6); 
143B- 168.3. 

SECTION .1600 - AA REQUIREMENTS 

.1612 AA CAREGIVING ACTIVITIES FOR 
PRESCHOOL-AGED CHILDREN 

(b) Each AA center providing care to 
preschool-age children aged two years old or 
older shall comply with the requirements for ac- 
tivity areas for preschool-age children in Rule 
.0510 except that all five of the activity areas 
listed in Paragraph (e) of Rule .0510 shall be 
available each day and the activities listed in 
Paragraph (g) of Rule .0510 shall be offered for 
each group of children at least once per week. 

Statutory Authority G.S. 110-88(7); 143B-168.3. 

SECTION .1700 - DAY CARE HOME 
STANDARDS 

.1717 HEALTH, SAFETY AND SANITATION 
REQUIREMENTS 

(a) Each day care home shall comply with the 
following standards in order to maintain a safe, 
healthy and sanitary environment for children: 
(1) To assure a healthy environment, the op- 
erator shall: 
(I) be certified by the American Heart As- 
sociation or the American Red Cross to 
perform child CPR appropriate for the 
ages of children in care prior to registra- 
tion. 
(5) To assure a sanitary environment, the op- 
erator shall: 
(A) havo a- we44 ef water system that- com 
plies with tke r e quirements ef the local 
health department a«4 the Division e( 
Health Scrvicos, Department ef Environ 
m e nt, Health, a**4 Natural Rosouroos. 
Written verification e£ w*U approval is 
required, if a well is used for the chil- 
dren's water supply, collect and submit 
samples of water from the well for 
bacteriological analysis to the local health 
department or a laboratory certified to 
analyze drinking water for public water 
supplies by the North Carolina Division 
of Laboratory Services prior to registra- 
tion and before each renewal. Results of 
the analysis shall be on file in the home. 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



110 



PROPOSED RULES 



Statutory Authority 
1 43 B- 168.3. 



G.S. 110-88(3); 110-101; 



SECTION .1900 - SPECIAL PROCEDURES 

CONCERNING ABLSE/NEGLECT IN DAY 

CARE 

.1903 INVESTIGATION PROCEDURES 

(f) The final written report of findings and fur- 
ther action shall be made within 90 davs of re- 
ceipt of the allegation. If the investigation is not 
complete at that time, an interim report explain- 
ing the status of the investigation shall be made 
to the operator 90 days after receipt of the 
allegation and every 30 days thereafter until the 
final report is made. The county department of 
social services shall be sent a copy of each interim 
report. 

Statutory Authority G.S. 7A-543; 110-88(5); 
110-105; 110-105.1; 143B-168.3. 

.1905 RECORDS REGARDING 

UNSUBSTANTIATED REPORTS 

When the Section's investigation does not sub- 
stantiate the allegation of abuse or neglect, all 
documentation of the allegation, its investigation 
and resulting evidence and all correspondence 
relating to that allegation shall be kept in a con- 
fidential file separate from the public file for the 
day care arrangement. 

Statutory Authority G.S. 7A-543; 110-88(5); 
110-105; 110-105.1; 143B-168.3. 

SECTION .2200 - CIVIL PENALTIES 

.2201 SCOPE AND PURPOSE 

Anv operator who commits any violation of 
Article 7 of Chapter 1 1 of the General Statutes 
or of this Subchapter which is listed in Rule 
.22116(a) of this Section shall be considered to be 
in violation of the licensing law and a civil pen- 
alt v may be levied against the operator bv the 
Secretary or designee pursuant to rules and 
schedules of penalties adopted bv the Commis- 
sion. Any operator registrant who violates any 
other provision of Article 7 of Chapter 1 10 of the 
General Statutes or of this Subchapter who fails 
to take corrective action after being provided ad- - 
equate written notice by the section shall be 
considered to be in willful violation of the li- 
censing law and a civil penalty may be levied 
against the operator by the Secretary or designee 
pursuant to rules and schedules of penalties 
adopted by the Commission. 

Statutory Authority G.S. 110-90(9); 110-103.1; 
1 43 B- 168.3. 



.2206 SCHEDULE OF CIVIL PENALTIES FOR 
DAY CARE FACILITIES 

(a) A civil penalty in an amount up to one 
thousand dollars ($1,000) may be imposed for 
the following violations: 

(3) Exceeding licensed capacity of c e nter, fa- 
cility, or use of unauthorized space; 

(4) Change of ownership or relocation of 
center facility without prior notification to 
the section; 

(5) Substantiation that a child (or children) 
was abused or neglected while in the care 
of the center; facility; or 

Statutory Authority G.S. 110-90(9); 110-103.1; 
143B-168.3. 

SECTION .2500 - DAY CARE FOR 
SCHOOL-AGE CHILDREN 

.2508 AGE APPROPRIATE ACTIVITIES 

(b) : Fhe requirements fof age appropriate activ 
rt*e» aft4 materials set fortk m Rul e s .0506 - .0509 

fof more - tJ*» three hours pe? 4ay aft4 which 
routinely operate a program ef ea#e indoors fof 
more than 35 percent (4 e ach 4ay » space dosig 
noted. afi4 which ha§ boon approved by- the see- 
tion, f-e* A«* purpose. School-age programs 
which routinely operate a program of care in- 
doors for more than 25 percent of each day in 
space designated and approved by the Section for 
that purpose shall make activities which are ap- 
propriate for the ages of children in care available 
on a daily basis. School-age programs which 
operate for three or fewer hours per day shall 
make at least three of the following activities 
available daily; those which operate for more 
than three hours per dav shall make at least four 
of the following activities available dailv: 



(1) active outdoor plav. 

[21 ' 

111 

til 

[51 

[61 

[21 

[81 



arts and crafts, 
block 



books and language, 
carpentry, 

community awareness 
creative art. 



cultural studies. 



(9) dramatic plav, 
( 10) environmental studies, 
(11) 



:ld tri 



EL 

(12) tood experiences, 

( 13) games for individuals and small groups, 

(14) health and safety. 

I 15) life-related chores, 

( 16) monev-making projects, 

7) music. rh\lhm and creative movement. 

IS) number concepts. 



/// 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



(19) problem solving, 

(20) sand and water play, 

(21) science and nature, 

(22) self help skills, 

(23) sewing. 

Statutory Authority G.S. 110-91(6), (12); 
1 43 B- 168. 3. 

.2510 STAFF QUALIFICATIONS 

(e) Whenever children participate in swimming 
or other aquatic activities, the following pro- 
visions shall apply: 

(1) The children shall be supervised by per- 
sons having Amorican National R-e4 
Cross Lifeguard c e rtificates e* equivalent 
life saving certificates, issued by the Red 
Cross or other issuing entity approved by 
the Section, appropriate for the type of 
body of water and type of aquatic activ- 
ities; 

(A) One lifeguard is required for groups of 
25 or fewer children. 

(B) Two lifeguards are required for groups 
of 26 or more children. 

(2) A person with lifeguard certification is not 
required when there are no more than 12 
children present and the body of water has 
no portion deeper than 30 inches and the 
total surface area is not more than 400 
square feet. The children shall be super- 
vised by at least one adult who is certified 
to perform cardiopulmonary resuscitation 
appropriate for the ages of children in 
care. 



Statutory Authority 
1 43 B- 168.3. 



G.S. 110-91(8), (11); 



SECTION .2600 - REQUIREMENTS FOR LARGE 
DAY CARE HOMES 

.2606 STAFF REQUIREMENTS 

(g) The operator and each staff person required 
to meet the staff child ratio shall participate in a 
minimum ef 30 houro ef inocrvico training annu 
aHyr in-service training activities in accordance 
with the provisions of Paragraphs (b), (c) and (d) 
of Rule .0707, and with Rule .0708 of this Sub- 
chapter. '■£&& content ef the training shall be di- 
r e ctly related te- the eafe ef- children em4 shall 
moot the criteria ef- Rule .0708. 

Statutory Authority G.S. 110-86(3); 

110-91(8), (11); 143B-168.3. 

.261 1 PHYSICAL FACILITY AND SPACE 
REQUIREMENTS 



(j) The requirements relating to hazardous 
items, materials and equipment as specified in 
Rule .0601(b) of this Subchapter shall apply to 
large homes. 

(k) The requirements relating to safety as 
specified in Rule .0604 of this Subchapter shall 
apply to large homes. 

Statutory Authority G.S. 110-86(3); 

110-91(3), (4), (5), (6); 143B- 168.3. 

****************** 



iV otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Department of Human 
Resources I Division of Medical Assistance intends 
to amend rule(s) cited as 10 NCAC 26H .0202, 
.0204, .0206. 

1 he proposed effective date of this action is Oc- 
tober 1, 1991. 

1 he public hearing will be conducted at 1:30 
p.m. on June 3, 1991 at the North Carolina Divi- 
sion of Medical Assistance, 1985 Urns lead Drive, 
Room 297, Raleigh, North Carolina 27603. 

Comment Procedures: Written comments con- 
cerning these amendments must be submitted by 
July 5, 1991, to: Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, North Carolina 
27603, ATTN: Bill Hottel, A PA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement which esti- 
mates increased expenditures of $151 ,282,7 19 for 
1990-91 and SI 83,000,000 for 1991-92 is available 
upon written request from the same address. 
These amendments are proposed in order to elim- 
inate target days and to implement the dispropor- 
tionate share hospital plan. Copies of rules are 
available for inspection in each county department 
of social services. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0202 RATE SETTING METHODS 

(a) An annual rate is determined for each hos- 
pital to be effective for dates of service beginning 
each July 1 . Rates are derived from cost reports 
for a base-year period or from previous appeal 
decisions. The initial base-year is the cost- 
reporting period ending in 1981. Services pro- 



6:3 NORTH CAROLINA REGISTER May I, 1991 



112 



PROPOSED RULES 



vided prior to July 1, 1986 are reimbursed at rates 
not to exceed the rates effective July 1, 1985. 

(b) The prospective rate is the sum of the op- 
erating rate component and the capital rate 
component. The capital rate component is the 
higher of the base-year capital per diem cost or 
the most recent capital rate as adjusted upon 
previous appeal. The base-year capital cost per 
diem is computed by dividing total capital costs 
allocated to inpatient services by total inpatient 
days. The operating rate component is deter- 
mined by inflating the Medicaid base-year oper- 
ating cost per diem to the rate year. The 
base-year operating cost per diem is computed 
by subtracting the capital cost per diem from the 
total base-year Medicaid cost per diem. Base- 
year Medicaid costs include inpatient routine, 
special care, and ancillary services, malpractice 
insurance, interns' and residents' services, and 
other covered inpatient services. 

(c) Inflation factors for the operating rate 
components are based on the National Hospital 
Market Basket Index and the most recent actual 
and projected cost data available from the North 
Carolina Office of State Budget and Manage- 
ment. 

f4f This plan intends t» encourage - the a» e£ 
lower coot hospitals fof routine tHaesseSi Hoo 
pituls with rates at »f below the all hospital moan 
w-iH- be reimbursed at- the foH prospective Fate 
without day limits. Hospitals with rates higher 
than the mean Fate el aH hospitals w+U be rc - im 
bursc - J at the foil prospective r-ate apte » aft- 

rTTTTTT LTT.T T *T ITTTtTTT I^f'U. T ** ITT t? rtB639 (71 1 1 It? tTTTTTT V?' 1JJ 

be reimbursed at the mean Fate &£ hospitals be- 
kwr the all hospital moan. 

(d) fe^ The prospective rate for a new hospital 
is set at the lower of: 

(1) The all-hospital mean rate; or 

(2) Seventy-five percent of the hospital's 
projected average gross inpatient revenue 
per day during the first year of operations. 

This provision applies to a hospital if a cost re- 
port covering at least twelve months of normal 
operations has not been filed. This rate is the 
base-year rate until a desk-reviewed cost report 
covering at least twelve months of normal oper- 
ations is available. 

(e) ff4/ Out-of-state hospital services are reim- 
bursed according to the rates established by the 
Medicaid Agency of the State in which the hos- 
pital is located. If a usable rate cannot be ob- 
tained, services are reimbursed at 75 percent of 
billed charges or a negotiated rate not to exceed 
reasonable cost. 

(f) te+ The initial base-year for psychiatric hos- 
pitals is the cost reporting period ending in 1989, 
or 1990 if a full year cost report is available as of 



April 1, 1991. The total base-year per diem cost 
for a hospital is limited to the median per diem 
cost in the base-year of all psychiatric hospitals. 
The limit does not apply to or reduce any 
amortization of start-up costs of an individual 
hospital. The provisions of Rule .0202(d) do not 
apply to psychiatric hospitals. State-operated 
hospitals are not included in the calculation of 
the median per diem cost. 

(g) fb} To assure compliance with the separate 
upper payment limit for State-operated facilities, 
the hospitals operated by the Department of 
Human Resources will be reimbursed their rea- 
sonable costs in accordance with the provisions 
of the Medicare Provider Reimbursement Man- 
ual. 

(h) This plan intends to encourage the use of 
lower-cost hospitals for routine illnesses. Hos- 
pitals with rates at or below the all-hospital mean 
will be reimbursed at the full prospective rate 
without day limits. Hospitals with rates higher 
than the mean rate of all hospitals will he reim- 
bursed at the full prospective rate up_ to an an- 
nual davs limit. Davs in excess of the limit will 
be reimbursed at the mean rate of hospitals be- 
low the all-hospital mean. This reimbursement 
limitation will be eliminated for claims paid in 
April, May and June 1991 and thereafter if and 
when: 

( 1 ) the Health Care Financing Adminis- 



tration. U.S. Department of I lealth and 
I luinan Scmccy approver amendment 
submitted to HCFA bv the Director of 
the Division of Medical Assistance on or 
about March 14. PJ91 as =MA 91-10 and 
-MA 'M- 1 I . w herein the Director pro- 
poses amendment of the State Plan to 
eliminate the "Annual Davs I unit" to the 
Plan, and 
(2) the Director of the Division of Medical 
Assistance determines that sufficient funds 
are available pursuant to Rule .il2HNbi(2) 
o[ this Section or otherwise for this pur- 
pose. 

Authority G.S. I08A-25(b): 10SA-54; 10SA-55: 
S.L. 1985, c. 479, s. 86; 42 C.F.R. 447, Subpart 
C. 



.0204 ADMINISTRATIVE RECONSIDERATION 
REVIEWS 

(a) Reconsideration reviews of rate determi- 
nations will be processed in accordance with the 
provisions of 10 NCAC 26K. Requests for re- 
consideration reviews must be submitted to the 
Division of Medical Assistance within 60 days 
after rate notification, unless unexpected condi- 
tions causing intense financial hardship arise, in 



113 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



which case a reconsideration review may be con- 
sidered at any time. 

(b) Operating rate reconsideration reviews are 
considered only on the basis of the actual addi- 
tional cost of essential new services or patient 
mix changes incurred since the base year. 

(c) Capital rate reconsideration reviews are 
considered only for the additional cost of new 
construction, renovations and equipment, con- 
sistent with the Certificate of Need approval if 
required. 

(d) A hospital's adjusted rate for one or more 
of the factors cited in the Paragraphs (a) - (c) of 
this Rule cannot exceed a rate limit computed 
by applying the methods described in Rule .0202 
(b) and (c) of this Subchapter to the hospital's 
allowable Medicaid cost in the most recent an- 
nual cost report available. 

(e) Hospitals that serve a disproportionate 
share of low-income patients are eligible to re- 
ceive rate adjustments. The cost report data and 
financial information that is required in order to 
qualify as a disproportionate share hospital ef- 
fective April _K 1991 is based on the fiscal year (5) 
ending in 1989 for each hospital, as submitted to 
the Division of Medical Assistance on or before 



April 1, 1991. The cost report data and financial 
information to qualify as a disproportionate 
share hospital effective July J_^ 1991 is based on 
the fiscal year ending in 199Q for each hospital, 
as submitted to the Division of Medical Assist- 
ance on or before September JL 1991. In subse- 
quent years, qualifications effective July J^ of any 
particular year are based on each hospital's fiscal 
year ending in the preceding calendar year. The 
patient days, costs, revenues, or charges related 
to nursing facility services, swing-bed services, 
home health services, outpatient services, or any 
other service that is not a hospital inpatient ser- 
vice, cannot be used to qualify for dispropor- 
tionate share status. A hospital is deemed to be 
a disproportionate share hospital if: 

(1) (4f The hospital has at least 2 obstetricians 

with staff privileges at the hospital who 
have agreed to provide obstetric services 
to individuals eligible for Medicaid. In 
the case of a hospital located in a rural 
area, the term obstetrician includes any 
physician with staff privileges at the hos- 
pital to perform non-emergency obstetric 
procedures. This requirement does not 
apply to a hospital which did not offer 
non-emergency obstetric services as of 
December 21, 1987 or to a hospital that 
predominantly serves individuals under 18 
years of age; and 

(2) f+} The hospital's Medicaid inpatient utili- 

zation rate, defined as the percentage re- 



sulting from dividing Medicaid patient 
days by total patient days, is at least one 
standard deviation above the mean 
Medicaid inpatient utilization rate for all 
hospitals that receive Medicaid payments 
in the state; or 

(3) f3} The hospital's low-income utilization 
rate exceeds 25 percent. The low-income 
utilization rate is the sum of: 

(A) the ratio of the sum of Medicaid inpa- 
tient revenues plus cash subsidies received 
from the State and local governments, di- 
vided by the hospital's total patient re- 
venues; and 

(B) the ratio of the hospital's gross inpatient 
charges for charity care less the cash sub- 
sidies for inpatient care received from the 
State and local governments, divided by 
the hospital's total inpatient charges; or 

(4) (4) The sum of the hospital's Medicaid re- 
venues, bad debts allowance net of recov- 
eries, and charity care exceeds 20 percent 
of gross patient revenues; m*4 or 
The hospital, in a ranking of hospitals in 
the State, from most to least in number 
of Medicaid patient days provided, is 

among the top group that accounts for 50 
percent of the total Medicaid patient days 
provided by all hospitals in the State. 

(f) The rate adjustment for a disproportionate 
share hospital is oqual k* the higher »f the pep- 
oimtago adjustment reeoivod m the fiscal yeaf 
1Q87 88 ©f 2.5 percent plus one-fourth of one 
percent for each percentage point that a hospi- 
tal's Medicaid inpatient utilization rate exceeds 
one standard deviation of the mean Medicaid in- 
patient utilization rate in the State. The rate ad- 
justment is applied to a hospital's payment rate 
exclusive of any previous disproportionate share 
adjustments. 

(g) For hospitals eligible under Paragraph (e) 
of this Rule, an additional payment adjustment 
may be made to each hospital for services pro- 
vided in the months of April, May, and June, 
1991 equal to the product of the ratio of each 
hospital's total Medicaid inpatient days divided 



bv the total Medicaid inpatient days provided by 
all disproportionate share hospitals in the state 
during their fiscal years ending in 1989 multiplied 
bv an amount of funds to be determined by the 
Director of the Division of Medical Assistance, 
but not to exceed one hundred forty million dol- 
lars ($140,000,000). I-ach hospital's payment 
adjustment will be paid retrospectively in up to 
three installments. An additional payment ad- 
justment by this methodology may be made for 
services provided in the months of July, August, 
September, October. November and December, 



6:3 NORTH CAROLINA REGISTER May I, 1991 



114 



PROPOSED RULES 



1991 based on the Medicaid and total inpatient 
days as tiled in the hospital cost reports for fiscal 
years ending in 1990. The amount of funds to 
be determined by the Director shall not exceed 
one hundred sixty million dollars ($160,000.000). 

(h) (-t^ Fxcept as otherwise specified in this 
Rule, rate adjustments are considered based on 
the most recent annual cost report, audited fi- 
nancial statements when necessary and other re- 
quired information as submitted by a hospital 
provider. An adjustment cannot be made if the 
necessary information is not submitted or if the 
information is incomplete or incorrect. A rate 
adjustment can be applied retroactively to the 
most recent July 1 effective date, but cannot be 
applied to previous fiscal years. 

(i) For hospitals eligible under Paragraph (e), 
a payment adjustment is available for services 
involving exceptionally high costs or excep- 
tionally long lengths of stay for patients under six 
years of age. A payment adjustment is available 
for all the other hospitals for such services pro- 
vided to patients under one year of age. A five 
percent increase above the normal payment 
amount (as described in Paragraph if) of this 
Rule) will be provided for the inpatient claims 
with billed charges in excess of fiftv-five thousand 



dollars ($55,000 



davs. The lift 1 



or with stays in excess of 65 
-five thousand dollar ($55.000) 



ihie-4ipld will he increased .innualK b\ the in- 
flation factor described under Paragraph (c) of 
this Rule of the Rate Setting Methods section of 
this plan. This provision is effective for dates of 
service beginning July 1, 1991. 



Authority G.S. 108A-25(b); 10SA-54; 10SA-55; 
150B-11; S.L. 1985. c. 479, s. 86; 42 C.F.R. 447, 
Subpart C. 

.0206 PAYMENT ASSURANCE 

(a) The state will pay each hospital the amount 
determined for inpatient services provided by the 
hospital according to the standards and methods 
set forth in this Section. ( Reference - tfe* North 
Carolina Title? XIX Hospital Inpatient Pro spec 
tive R e imbursement Plan » Ae Stat e Plan fee 
Medical Assistance.) In all circumstances in- 
volving third party payment, Medicaid will be the 
payor of last resort. 

(b) If contributions are made pursuant to 
General Statute 143-23.2 during calendar year 
1991. the Department has determined that it will 
use them as follows: 

( 1 ) the Department will present the contrib- 
uted hinds to t_he teder.il government to 
be matched pursuant to federal financial 
participation rules. The total of the con- 



tributed and matched funds hereinafter 
will be referred to as th£ "funds" to be 
disbursed in the order set forth in this 
Rule. 



(2) the contributed funds will provide the total 
non-federal share of Medicaid expendi- 
tures made with the Funds. 

(3) U£ to fortv miUion dollars ($40,000.000) 
of the Funds will be used to fund elimi- 
nation of the target day provision [as de- 
scribed in 10 NCAC 26H .0202(h)! for 
fiscal years 1990-91 and 1991-92, and to 
further other State Medicaid purposes for 
those fiscal years. 

(4) any remaining Funds, not to exceed one 

million 



hundred 



forty 



dollars 



ia 



($140.000.000), will be used to make an 
additional payment adjustment to dis- 
proportionate share hospitals for services 
provided m April, May and June, 1991, 
as provided m Rule .0204(g) of this Sec- 
tion. 

any remaining Funds, not to exceed 
twentv-two million five hundred thousand 
dollars ($22,500,000). will be used to fund 
elimination of the target day provision 
referenced in Paragraph (b)(3) of this Rule 
for fiscal year 92-93 and to further other 
state Medicaid purposes, 
any remaining Funds, not to exceed one 
hundred sixty million dollars 

($160,000.000). will be used to make an 
additional payment adjustment to dis- 
proportionate share hospitals for services 
provided in July, August. September, Oc- 
tober. November and December. 199L, as 
provided in Rule .0204(g). 
(c) If contributions are made pursuant to 
General Statute 143-23.2 at any tune subsequent 
to calendar year 1991, the Department shall de- 
termine how it wishes to use such funds at that 
time. 



161 



(d) Contributed funds shall be earmarked and 
maintained in a segregated account in accordance 
with General Statute 143-23. 2(b). 

Authority G.S. 108A-25(b); 108A-54; 108A-55; 
S.L. 1985, c. 4^9, s. 86; 42 C.F.R. 447, Subpart 
C. 



■k-k'k'k-k-k^-k-k-k'kiiic'k-k-k-k-k 



No 



otice is hereby given in accordance with G.S. 
150B-/2 that the Department of Human 
Resources division of Medical Assistance intends 
to amend rule(s) cited as 10 NCAC 26H .0507. 



115 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



1 he proposed effective date of this action is 
September I, 1991. 

1 he public hearing will be conducted at 1:30 
p.m. on May 31, 1991 at the North Carolina Di- 
vision of Medical Assistance, 1985 Umstead 
Drive, Room 201, Raleigh, North Carolina 27603. 

Comment Procedures: Written comments con- 
cerning this amendment must be submitted by 
May 31, 1991, to: Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, North Carolina 
27603, ATTN: Bill Hottel, A PA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0500 - REIMBURSEMENT FOR 
SERVICES 

.0507 INDEPENDENT LABORATORY SERVICES 

Fees for independent laboratory services shall 
be set- based e» the following m the stated order 
ef precedence: the lower of the submitted charge 
or the appropriate fee from the fee schedules in 
effect on July 1, 1990: 
(1) Title Will maximum fee? This will be used 
when available. Annual fees are increased 
each January' _1_ based on the forecast of the 
Gross National Product ( G N P ) implicit 
price deflator, but not to exceed the per- 
centage increase granted by the N.C. State 
1 egislature and not to exceed the Medicare 
maximum fees. 



(2) 4-he 75th percentile e£ charges from the eai- 
endar year l')7fl. This wtU be used when f+| 
» »»<■ availabl e . Fees for new services are 
established based on fees for similar existing 



services. If there are no similar services the 
fee is set at the Medicare maximum fee. If 
there is no Medicare fee ayailable, the fee is 
established at 60 percent of charges until a 
Medicare fee is established. 
(3} A- fate established by- the stat e ag e ncy based 
»» curr e nt charges, This wiH be «se4 when 
neither (4-^ bw (3) is available. 
These maximum rater . The methodology as ad- 
dressed in this Rule shall also apply to laboratory 
services paid to hospital outpatient facilities, 
physicians, and any other provider supplying 
outpatient laboratory services. 



Authority G.S. 108A-25(b); 108A-54; 108A-55; 
P.L. 93-369; P.L. 99-272; 42 C.F.R. 447.10; 42 
C.F.R. 447.342. 

****************** 



IS otice is hereby given in accordance with G.S. 
150B-12 that the Division of Social Services in- 
tends to amend rule(s) cited as 10 NCAC 29B 
.0003. 

The proposed effective date of this action is 
September 1, 1991. 

The public hearing will be conducted at 10:00 
a.m. on June 5, 1991 at the Disability Determi- 
nation Services, 321 Chapanoke Road, Raleigh, 

N.C. 



Co 



- omment Procedures: Comments may be pre- 
sented in writing anytime before or at the public 
hearing, or orally at the hearing. Time limits for 
oral remarks may be imposed by the Commission 
Chairman. Any person may request copies of this 
Rule by calling or writing to Donna Creech, Divi- 
sion of Social Services; 325 N. Salisbury St., 
Raleigh. NC 27611, (919) 733-3055. 



CHAPTER 29 



INCOME MAINTENANCE: 
GENERAL 



SUBCHAPTER 2QB - LOW INCOME ENERGY 
ASSISTANCE PROGRAM 

.0003 ELIGIBILITY REQUIREMENTS 

A household must meet the following require- 
ments to be eligible for the Low Income Energy 
Assistance Program: 
(1) Income: A household's income for the 
base period used to establish eligibility can- 
not exceed 110 percent of the current nOn- 
farm poverty level. Income will be defined 
as gross income less the standard medical 
deduction for household members with only 
unearned income; actual child or dependent 
care costs up_ to one hundred sixty dollars 
($160.00) per child or dependent; fof fttw- 
child ift the hous e hold; and a standard de- 
duction for work related expenses (a table 
shall be used to determine the appropriate 
amount to deduct). To compute income, 
all income will be counted with the excep- 
tion of: 

(a) Earned income of a child under 14 or 
under 34> J_8 if in school at least half-time; 

(b) Income of a child participating in Job 
Training Partnership Program when he is 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



116 



PROPOSED RULES 



under age 19 and he is under the parental 
control of another household memher; 

(c) Income trom inc e ntive payments a&4 
training allowances from W I N funded 
training; Reimbursements paid to JOBS, 
Food Stamp Workfare, or Employment 
and Training participants; 

(d) Income for supportive services or re- 
imbursement of out-of-pocket expenses to 
volunteers serving as foster grandparents, 
senior health aides or companions, 
SCORE, AGE or anv other programs 
under Titles I, II, and HI of PL 93-113; 

fe} Footer Cur e payments equal to ef below 
toe state maximum rates to foster parents; 

(e) (f) In-kind contributions; 

(f) (g} Payments made directly to vendors on 

behalf of a household except when made 
bv HUD for utility assistance; 

(g) {hi Irregular earned income; 
(h) (+} Personal loans; 

(i) fj^ Payments made under the Alaska Na- 
tive Claims Settlement Act, PL 92-203; 

(\) fk-+ Payments to certain Indian tribes as 
permitted by PL 94-114; 

(1) Child support being routed through toe 
child support enforcement section ae4 
kept by them; 

(k) fsa} That portion of educational loans, 
grants, or scholarships, including a pay- 
ment under the GI Bill actually used for 
tuition, room, board, books, fees, equip- 
ment, special clothing needs, required 
school insurance and child care services 
necessary for school attendance; 

fa} :Vny grant ef loan to aey undergraduate 
student fef educational purposes made ef 
insured und e r a«y program administered 
by tfte Secretary ef Education under toe 
I ligher Education Act; 

fe^ Assistance from other agencies sm4 ef- 
ganizations if such a*4 » fef rehabilitation 
purposes, special training ef educational 
opportunities aee provided ee duplication 
e xists; 

ff>4 Incentive payments made to ae applicant 
ef recipient participating ie a vocational 
rehabilitation program a* long as a train 
iee plan is » effect; 

fq} Weefcfy incentive payments made by toe 
manpower agency to mvr participant i» 
institutional aft4 work experience training 
under tfte WIN program; 

(f) Housing improvement grants to low 
income families approved by tfte North 
Carolina Commission ef Indian Affairs 
ef any funds distributed pef capita to ef 
eel4 » trusts fef members ef aev Indian 



tofee w^ jfLfe. Q2 251. JUrr Qj 13T ef 

JU^ 9 . 1 5A0\ 

fs} Experimental housing allowance program 
paym e nts made under annual eontnb 
utiono contracts entered ieto prior to 
January 4-r 1975 under Section 23- ef to* 
U.S. Housing Ae* ef 1937, a* amended; 

(1| f*+ Title XX of the Social Security Act and 
State In- Home funds received to pay for 
services rendered by another individual or 
agency; 

(m) ft*} Disaster assistance; 

(n) fv} HUD community development block 
grant funds received to finance the reno- 
vation of a privately owned residence; 

fy4 Money pai4 to attendant ef chore pro 
vider; 

(o) (*) All federally mandated exclusions; 

fy+ Child support AFDC disregard check; 

fa} iVny HUD payment eai4 to ef ee behalf 
ef a» applicant; 

(p) faa^ The value of the Food Stamp Cou- 
pon allotment; 

(q) feb4 The value of USDA donated foods 
(surplus commodities); 

(r) fe<?4 Relocation payments provided under 
the Federal Uniform Relocation Assist- 
ance and Real Property Acquisition Poli- 
cies Act of 1970; 

(s) {44j Benefits received under Title VII, 
Nutrition Program for the Elderly Older 
Americans Act, Older American Com- 
munity Service Programs, Foster 
Grandparents Program, Service Corps of 
Retired Executives (SCORE), and Active 
Corps of Executives (ACE); 

(t) fee-). The value of supplemental food as- 
sistance received under the Child Nutri- 
tion Act and the special food service 
program for children under the National 
School Lunch Act; 

(u) fff} Payments distributed pursuant to any 
judgment of the Indian Claims Commis- 
sion of the Court of Claims in favor of 
any Indian Tribe: 

(v) fsg} Assistance to prevent fuel cutoffs and 
to promote energy efficiency under the 
Emergency Energy Conservation Services 
Program or the Energy Crisis Assistance 
Program as authorized by the Economic 
Opportunity Act of 1964, as amended; 

(hh> Any wages, allowances, ef reimburse 
m e nt tof transportation a&4 attendant 
eafe costs, unless excepted ee a case by 
ease basis, when received by a» eligibl e 
handicapped individual employed i» a 
project under Titl e \4 ef t+te Rehabili 
tation At* ef 1973. a* amended; 



111 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



(w) {&f Any penalty payments paid to appli- 
cants for delayed AFDC or Medicaid ap- 
plications as referenced by Alexander v. 
Hill; 

(x) (ft) Prorata share of an ineligible alien's 
income. Prorata share is determined by 
dividing the gross income of the ineligible 
alien by the number of people in the 
household; 

(v) Any AFDC-EA, CIP, or Project Share 
paid to or on behalf of an applicant; 

(z) Employment and training benefits re- 
ceived under Title V of the Older Ameri- 
cans Act; 
(aa) Disregard payments received under the 
Repatriated Americans Programs if the 
person receiving the payment is required 
to sign an express agreement to repay the 
funds received. 



Authority G.S. J08A-25: I43B-153; 
8621(a); 8622(2); 8624(b). 



42 U.S.C. 



****************** 



ly otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Division of Social Services in- 
tends to amend rule(s) cited as 10 NCAC 411 
.0313. 

1 he proposed effective date of this action is 
September 1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on June 5, 1991 at the Disability Determi- 
nation Bldg.. 321 Chapanoke Road, Raleigh, N.C. 



Cc 



- omment Procedures: Petition for rulemaking 
was granted to Ryal W. Tayloe pursuant to G.S. 
1 SOB- 16. Comments may be given verbally or 
written prior to the hearing, or orally at the hear- 
ing. The Chairman may limit time for comments. 
Comments or inquiries may be directed to Donna 
A. Creech, Special Assistant, Division of Social 
Services, 325 N. Salisbury St., Raleigh, NC 
27603, (919) 733-3055. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 411 - PROTECTIVE SERVICES 

SECTION .0300 - CHILD PROTECTIVE 
SERVICES: GENERAL 



(a) The county director shall not allow anyone 
outside of the county department of social ser- 
vices other than state and federal agency person- 
nel carrying out their lawful responsibilities for 
program audit and review to examine a protective 
services case record as described in Rule .0312 of 
this Subchapter unless: 

(1) the judge orders the county director to al- 
low examination; or 

(2) the child or the child's attorney requests 
to examine his own record. 

(b) The county director in carrying out his du- 
ties may share information and a summary of 
documentation from the case record without a 
court order with public or private agencies or in- 
dividuals that are being utilized to provide or fa- 
cilitate the provision of protective services to a 
child. 

(c) The county director shall allow the District 
Attorney or his designee access to the case re- 
cord, including any information or documenta- 
tion therein, which he needs to carry out his 
mandated responsibilities that result from a re- 
port of confirmed abuse or from the county di- 
rector's decision not to tile a petition. 



Statutory Authority G.S. 
7A-544. 



I43B-153; 7A-675; 



•k-k-k'k'k'k'k'k'k'k-k-k'k-k-k-k'kic 



No 



otice is hereby given in accordance with G.S. 
150B-12 that the Division of Social Services in- 
tends to amend rule(s) cited as 10 NCAC 46H 
.0201, .0203. 

1 he proposed effective date of this action is Oc- 
tober 1, 1991. 



Th 



he public hearing will be conducted at 10:00 
a.m. on June 5, 1991 at the Disability Determi- 
nation Conference Room, 321 Chapanoke Road, 
Raleigh, N.C. 



Cc 



omment Procedures: Comments may be pre- 
sented in writing anytime before or at the public 
hearing, or orally at the hearing. Time limits for 
oral remarks may be imposed by the Commission 
Chairman. Any person may request copies of this 
Rule by calling or writing to Donna Creech, Divi- 
sion of Social Services, 325 N. Salisbury St., 
Raleigh, NC 27611, (919) 733-3055. 

CHAPTER 46 - DAY CARE RULES 



.0313 CONFIDENTIALITY OF COUNTY DSS 
PROTECTIVE SERVICES RECORDS 



SUBCHAPTER 4611 - POLICIES FOR 
PROVISION OF CHILD DAY CARE SERVICES 



6:3 NORTH CAROLINA REGISTER May 1, 1 99 1 



IIS 



PROPOSED RULES 



SECTION .0200 - ELIGIBILITY FOR SERVICES 

.0201 BASIC ELIGIBILITY CRITERIA 

fa) In addition to the requirements of 10 NCAC 
46H .0100, in order for an individual to be de- 
termined eligible to receive child day care services 
funded under the Social Services Block Grant 
(SSBG) or the State Day Care Fund, it must be 
established that he is eligible: 

(1) on the basis of income maintenance status; 

(2) on the basis of income eligible status; or 

(3) for dav care to support protective services 
as described in 10 NCAC 46H .0106, on the 
basis of need without regard to income. 

fb) Whea child day- eafe servic e s afe provided 
as support to employment of training f-of the 
parent, eligibility must be determined o» the ba- 
sis of the status of the parent; except that- v . hen 
the child Ht h* foster care, eligibility is determin e d 
oft the basis of the child's circumstances. 

Statutory Authority G.S. 143B-153. 

.0203 INCOME ELIGIBLE STATUS 

fa) Individuals other than thos e eligibl e Oft the 
basis of incom e maintenanc e status n*av be oe- 
termined eligible oft the basis of the family's 
monthly gross incom e . 

fb} te order to- be e ligibl e o« the basis of ift- 
come eligible status. a» individual's family 
monthly gross incom e may- ft©+ exceed the stat e 's 
established incom e fof that- *» family aftd- the 
maximum incom e level fof child day- eafe sef- 
vices. 

fe-)- £of purposes of determining income eligd 
bility, a» individual s family swe a&4 income 
must be detennined. 

f-H Fof purposes of detennining family s«er 
family means the basic family tmh- con 
sisting of ofte of more adults aftd- children. 
if afty-T related by blood, marriage, Of 
adoption »«4 r e siding ift the sam e hous e 
hold. Where related adults, other than 
spouses, Of unrelated adults reside te- 
gether. e ach is considered a separate fam 
4vt Children living with non legally 
responsible relatives, emancipated minors. 
aftd- children living under the eafe of «»- 
related persons a*e also considered to- be 
on e person families. 
f3) Components of income that- afe consid 
efeo is computing family monthly gross 
income afe set- forth ift the Family Sef- 
vic e s Manual, as described » h© NCAC 
j^A .0003. 
(a) For the purpose of the rules in this Sub- 
chapter, the term 'income unit" shall apply to 



persons who reside in the same household and 
■■'■ ho. accordin g to North ( "aioima law, arc re- 
sponsible for the financial support of the indi- 
vidual whose eligibility for child dav care services 
is being determined. Also for the purpose of 
determining e liability for day care services, the 
terms "income unit" and "family" are used 
interchangeably in the rules in this Subchapter. 

(b) When the amount of income available to 
an individual is a condition of eligibility for child 
dav care services, it is necessary to determine the 
number of persons in the individual's income 
unit and the amount of the gross income avail- 
able to the income unit. 

( 1 ) The number of individuals in the income 
unit is referred to as the "income unit 
size" or "family size". These terms are 
used interchangeably in the rules in tins 
Subchapter. 

(2) The total amount of the income used to 
determine dav care eligibilitv is referred to 



as the _ 

or ' "family income 



gross income of the income unit" 
These terms are used 



interchangeably in the rules in this Sub- 
chapter. 

(c) Child day care services may be provided to 
individuals other than those described in 10 
NCAC 46D .0103(e) and in Rules .0202 and 
.0206 of this Subchapter provided the gross 
monthly income of the individual's income umt 
does not exceed the state's established income (as 
defined in Rule .0204 of this Subchapter) for the 
number of persons m that income unit. 

(d) the following are defined as separate in- 
come units for the purposes o^ detennining eligi- 
bility and client fees for child day care services: 

( 1 ) Biological and adoptive parents and their 
minor children. 

(2) A minor parent and his or her children. 

(3) Fach adult whether related or unrelated. 



other than spouses. 
(4) Children living with anvone other than 
their biological or adoptive parents, 
(e) Income to be considered when computing 
the gross income of the income unit is listed in 
the Division of Social Services Family Services 
Manual, as described in 10 NCAC 35A .0003. 



Statutory Authority G.S. I43B-I53. 

TITLE 1 1 - DEPARTMENT OF 
INSURANCE 



1\ otice is hereby gh-en in accordance with G.S. 
I SOB- 1 2 that the N.C. Department of Insurance 
intends to amend rule(s) cited as 1 1 NCAC 16 



119 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



.0106; and adopt rule(s) cited as 11 NCAC 16 
.0108. 

1 he proposed effective date of this action is 
September 1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on June 5, 1991 at the Dobbs Building, 430 
N. Salisbury Street, Third Floor Hearing Room, 
Raleigh, N.C. 27611. 



Co 



-omment Procedures: Written comments may 
be sent to Ed Jordan, P.O. Box 26387, Raleigh, 
N.C. 27611. Oral presentations may be made at 
the public hearing. Anyone having questions 
should call Ed Jordan at (919) 733-3284 or Ellen 
Sprenkel at (919) 733-4700. 

CHAPTER 16 - ACTUARIAL SERVICES 
DIVISION 

SECTION .0100 - FIRE AND CASUALTY 
STATISTICAL DATA 

.0106 CREDIT PROPERTY INSURANCE 

To fulfill the requirements of G.S. 58-57-90, 
each writer of North Carolina credit property in- 
surance shall by April 1 of each year submit the 
data described in this Rule for each of the latest 
five calendar years on a direct basis to the 
Actuarial Services Division. (Note: If a com- 
pany does not currently collect any data required 
by this Rule, that company shall commence as 
of tfie offootivo date ei &» Rulo December 1^ 
1990 to collect such data prospectively.) 

(1) North Carolina premium, loss, and ex- 
pense: fef oach ef tfie five latoot calendar 
yoaxs e» a direct basis: 

(a) Written premium; 

(b) Earned premium; 

(c) Paid losses and claims; 

(d) Incurred losses and claims; 

(e) Paid loss adjustment expense; 

(f) Incurred loss adjustment expense; 

(g) Incurred commissions and brokerage ex- 
penses; 

(h) Incurred other acquisition costs; 

(i) Incurred premium taxes; 

(j) Other incurred expenses; 

(k) Incurred loss and loss adjustment expense 

ratio; 
(1) Incurred loss, loss adjustment expense, and 

other underwriting expense ratio; 
(m) Dividends paid; 
(n) Retrospective rate credits paid; 
(o) Commissions paid. 



(2) Investment income on loss, loss expense, 
and unearned premium reserves: e» a direct 
basis: 

(a) Loss reserve at the beginning of the year; 

(b) Loss reserve at the end of the year; 

(c) Loss expense reserve at the beginning of 
the year; 

(d) Loss expense reserve at the end of the 
year; 

(e) Unearned premium reserve at the begin- 
ning of the year; 

(f) Unearned premium reserve at the end of 
the year; 

(g) Investment income earned on loss, loss 
expense, and unearned premium reserves. 

(3) Nonrefundable fees collected: 

(a) Total number of transactions; 

(b) Transactions involving insured values less 
than two hundred fifty dollars ($250.00); 

(c) Transactions involving insured values of 
two hundred fifty dollars ($250.00) or 
more but less than five hundred dollars 
($500.00); 

(d) Transactions involving insured values of 
five hundred dollars ($500.00) or more. 

(4) Insured values: 

(a) Insured values for single interest insurance 
at the beginning of the year; 

(b) Insured values for single interest insurance 
at the end of the year; 

(c) Insured values for dual interest insurance 
at the beginning of the year; 

(d) Insured values for dual interest insurance 
at the end of the year. 

(5) Supplementary information: 

(a) Identification of the Page 14 Annual 
Statement line under which the experience 
is reported; 

(b) Explanations fo* of any changos change in 
premiums, k*ss ratios, &e oxponso ratios 
the amounts reported in Subparagraphs 
(l)(a), (l)(k) and (1)(1) of this Rule that 
afe is greater than 50 percent of the pre- 
vious calendar year's value. 

Statutory Authority G.S. 58-2-40; 58-57-90(b). 

.0108 SINGLE OR DUAL INTEREST 

AUTOMOBILE PHYSICAL DAMAGE 
INSURANCE 

To fulfill the requirements of General Statute 
58-57- 100(b), all writers of North Carolina Single 
or Dual Interest Automobile Physical Damage 
Insurance shall by April 1 of each year submit 
the following data described in this Rule for each 
of the latest five calendar years on a direct basis 
to the Actuarial Services Division. (Note: If a 
company does not currently collect any data re- 



6:3 NORTH CAROLINA REGISTER May I, 1991 



120 



PROPOSED RULES 



quired by this Rule, that company shall com- 
mence as of the effective date of this Rule to 
collect such data prospectively.) 

(1) North Carolina premium, loss, and ex- 
pense: 

(a) Written premium and car year exposures; 

(b) Earned premium and car year exposures; 

(c) Paid losses and claims; 

(d) Incurred losses and claims; 

(e) Paid loss adjustment expense; 

(f) Incurred loss adjustment expense; 

(g) Incurred commissions and brokerage ex- 
penses; 

(h) Incurred other acquisition costs; 

(i) Incurred premium taxes; 

(j) Other incurred expenses; 

(k) Incurred loss and loss adjustment expense 

ratio; 
(1) Incurred loss, loss adjustment expense and 

other underwriting expense ratio; 
(m) Policyholder dividends paid. 

(2) Investment income on loss, loss expense, 
and unearned premium reserves: 

(a) Loss reserve at the beginning of the year; 

(b) Loss reserve at the end of the year; 

(c) Loss expense reserve at the beginning of 
the year; 

(d) Loss expense reserve at the end of the 
year; 

(e) Lnearned premium reserve at the begin- 
ning of the year; 

(f) lnearned premium reserve at the end of 
the year; 

(g) Investment income earned on loss, loss 
expense, and unearned premium reserves. 

(3) Insured values: 

(a) Insured values for single interest insurance 
at the beginning of the year; 

(b) Insured values for single interest insurance 
at the end of the year; 

(c) Insured values for dual interest insurance 
at the beginning of the year; 

(d) Insured values for dual interest insurance 
at the end of the year. 

(4) Supplementary information: 

(a) Identification of the Page 14 Annual 
Statement line under which the experience 
is reported; 

(b) Explanations of any change in the 
amounts reported in Subparagraphs 
(l)(a), (l)(k) and (1)(1) of this Rufe that 
is greater than 50 percent of the previous 
calendar year's value. 

Statutory- Authority G.S. 58-2-40; 5S-57-J00. 

TITLE 12 - DEPARTMENT OF JUSTICE 



iV otice is hereby given in accordance with G.S. 
150B-I2 that the North Carolina Private Protec- 
tive Services Board intends to amend rule(s) cited 
as 12 XCAC 7D .0807, .0809, .0901. 

1 he proposed effective date of this action is Oc- 
tober I, 1991. 

1 he public hearing will be conducted at 12:00 
p.m. on June 21, 1991 at the O.J. Miller Audito- 
rium. The Electric Center, 500 S. Church St., 
Charlotte, N.C. 



Co 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. A dditionally . the record will be open for 
receipt of written comments until the hearing. 
Such written comments must be delivered or 
mailed to Mr. James F. Kirk, N.C. Private Pro- 
tective Services Board, 3320 Old Garner Rd., Post 
Office Box 29500, Raleigh, NC 27626-0500. 



CHAPTER 7 



PRIVATE PROTECTIVE 
SERVICES 



SUBCHAPTER 7D - PRIVATE PROTECTIVE 
SERVICES BOARD 

SECTION .0800 - ARMED SECURITY GUARD 
FIREARM REGISTRATION PERMIT 

.0807 TRAINING REQUIREMENTS FOR 
ARMED SECURITY GUARDS 

(a) Applicants for an armed security guard 
firearm registration permit shall complete a basic 
training course for armed security guards which 
consists of a minimum ef few a[ least eight hours 
of classroom instruction including: 

(1) legal limitations on the use of handguns 
and on the powers and authority of an 
armed security guard; 

(2) familiarity with rules and regulations re- 
lating to armed security guards; 

(3) range firing procedures, handgun safety, 
and maintenance; and 

(4) any other topics of armed security guard 
training which the Board and the Attor- 
ney General deem necessary. 

(b) Applicants shall attain a 3ft 80 percent score 
on a firearms course approved by the Board and 
the Attorney General, a copy of which is on file 
in the administrator's office. 

(c) .All armed security guard training required 
by 12 NCAC 7D shall be administered by a cer- 
tified trainer and shall be successfully completed 
no more than 90 days prior to the date of issu- 
ance of the armed security guard firearm regis- 
tration permit. 



121 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



(d) All applicants for an armed security guard 
firearm registration permit must obtain training 
under the provisions of this Section using their 
duty weapon and their duty ammunition. 

Statutory Authority G.S. 74C-5; 74C-13. 

.0809 AUTHORIZED FIREARMS 

Armed security officers are authorized, while in 
the performance of official duties or traveling di- 
rectly to and from work, to carry a standard .38 
caliber, .32 caliber or .357 caliber revolver or any 
standard 12 gauge shotgun, as long as they have 
been properly trained on such a weapon pursuant 
to 12 NCAC 7D .0807. 

Statutory Authority G.S. 74C-5; 74C-13. 

SECTION .0900 - FIREARMS TRAINER 
CERTIFICATE 

.0901 REQUIREMENTS FOR A FIREARMS 
TRAINER CERTIFICATE 

Firearms trainer applicants shall: 

(1) meet the minimum standards established 
by 12 NCAC 7D .0703; 

(2) have a minimum of one year supervisory 
experience in security with a contract secu- 
rity company or proprietary security organ- 
ization, or one year experience with any 
federal, U.S. military, state, county or mu- 
nicipal law enforcement agency; 

(3) attain a» 2S a 90 percent score on a 
firearm's course approved by the Board and 
the Attorney General, a copy of which is on 
file in the administrator's office; and 

(4) successfully complete a training course ap- 
proved by the Board and the Attorney 
General which shall consist of a minimum 
of 20 40 hours of classroom and practical 
range training in handgun and shotgun 
safety and maintenance, range operations, 
night firearm training, control and safety 
procedures, and methods of handgun and 
shotgun firing. 

Statutory Authority G.S. 74C-S; 74C-13. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



No 



.0202 - .0204, .0301; 3K .0104 - .0105, .0201 - 
.0202, .0205, .0303, .0305; 3L .0202; 3M .0201 - 
.0202, .0501, .0505 - .0507; 3N .0003 - .0005; 30 
.0104, .0201 - .0210; 3Q .0107 - .0109, .0202; 3R 
.0001 - .0003, .0007 - .0008, .0010; repeal rule(s) 
cited as 15 A NCAC 3 J .0201, .0205; 3M .0203 
adopt rule(s) cited as 15A NCAC 3M .0508; 3P 
.0003 

J. he proposed effective date of this action is 
September 1, 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on: 

June 3, 1991 

NC Aquarium 

Manteo, NC 

June 4, 1991 

District Courtroom 

Washington, NC 

June 5, 1991 

Joslyn Hall 

Carteret Community College 

Morehead City, NC 

June 6. 1991 

Courtroom 302 

New Hanover Courthouse 

Wilmington, NC 

June 10, 1991 

Ground Floor Hearing Room 

Archdale Building 

512 North Salisbury St. 

Raleigh, NC 

MFC Business Session will be at 9:00 a.m. on 
June 13-14 at the Sheraton, New Bern. 



Cc 



otice is hereby given in accordance with G.S. 
150B-12 that the N.C. Marine Fisheries Commis- 
sion and N.C. Wildlife Resources Commission in- 
tends to amend rule(s) cited as 15A NCAC 3H 
.0003; 31 .0001, .0004, .0011; 3J .0103, .0107, 



omment Procedures: Comments and state- 
ments, both written and oral, may be presented at 
the hearings. Written comments are encouraged 
and may be submitted to the Marine Fisheries 
Commission. PO Box 769, Morehead City, NC 
28557. These written and oral comments must 
be received no later than June 11, 1991 . 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3H - IDENTIFICATION AND 
DELEGATION OF AUTHORITY 

.0003 DELEGATION OF AUTHORITY TO 
FISHERIES DIRECTOR 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



122 



PROPOSED RULES 



(a) The following specific functions have been 
delegated by the Secretary' to the Fisheries Di- 
rector: 

(1) The authority to return confiscated prop- 
erty when satisfied that the owner of such 
property had no knowledge of the use of 
the property for illegal purposes pursuant 
to G.S. 113-137; 

(2) The authority to select license agents pur- 
suant to G.S. 113-151.1; 

(3) The authority to suspend or revoke all li- 
censes pursuant to G.S. 113-166; 

(4) The authority to renew or terminate 
shellfish leases pursuant to G.S. 113-202, 
113-202.1 and 113-202.2; 

(5) The authority to settle claims of ownership 
of estuarine bottoms pursuant to G.S. 
113-206; and 

(6) The authority to issue Scientific Collecting 
Permits pursuant to G.S. 113-261. 

(b) The proclamation authority granted to the 
Fisheries Director by the Marine Fisheries Com- 
mission within this Chapter includes the author- 
ity to close as well as open seasons and areas, to 
establish conditions governing various activities, 
and to reduce or increase the size and/or harvest 
limits from those stated in rule when specifically 
authorized. It is unlawful to violate the pro- 
visions of any proclamation issued by the au- 
thority of Marine Fisheries Commission Rule. 

Statutory' Authority G.S. 113-134; 113-137; 

113-/51.1; 113-166; 113-182; 113-202; 

113-202.1; 113-202.2; 113-206; 113-261; 
I43B-2S9.4. 

SUBCHAPTER 31 - GENERAL RULES 

.0001 DEFINITIONS 

(a) Except as otherwise provided, all definitions 
set out in Subchapter IV of Chapter 113 of the 
General Statutes apply in these Rules. 

(b) The following additional terms are hereby 
defined: 

(1) Commercial Fishing Equipment. All 
fishing equipment used in coastal fishing 
waters except: 

(A) Seines less than 12 feet in length; 

(B) Spears; 

(C) A dip net having a handle not more 
than eight feet in length and a hoop or 
frame to which the net is attached not 
exceeding 60 inches along the perimeter; 

(D) Hook-and-line and bait-and-line 
equipment other than multiple-hook or 
multiple-bait trotline; 

(E) A landing net used to assist in taking 
fish when the initial and primary method 



of taking is by the use of hook and line; 
and 
(F) Cast Nets. 

(2) Fixed or stationary net. A net anchored 
or staked to the bottom, or some structure 
attached to the bottom, at both ends of 
the net; 

(3) Mesh Length. The diagonal distance 
from the inside of one knot to the outside 
of the other knot, when the net is 
stretched hand-tight; 

(4) Possess. Any actual or constructive 
holding whether under claim of ownership 
or not; 

(5) Transport. Ship, carry, or cause to be 
carried or moved by public or private 
carrier by land, sea, or air; 

(6) Use. Employ, set, operate, or permit to 
be operated or employed; 

(7) Purse Gill Nets. Any gill net used to 
encircle fish when the net is closed by the 
use of a purse line through rings located 
along the top or bottom line or elsewhere 
on such net; 

(8) Internal Coastal Waters or Internal Wa- 
ters. All coastal fishing waters except the 
Atlantic Ocean; 

(9) Channel Net. A net used to take shrimp 
which is anchored or attached to the bot- 
tom at both ends or with one end an- 
chored or attached to the bottom and the 
other end attached to a boat; 

(10) Dredge. A device towed by engine power 
consisting of a frame, tooth bar or smooth 
bar, and catchbag used in the harvest of 
oysters, clams, crabs, scallops, or conchs; 

(11) Mechanical methods for clamming. In- 
cludes, but not limited to, dredges, hy- 
draulic clam dredges, stick rakes and other 
rakes when towed by engine power, pat- 
ent tongs, kicking with propellers and/or 
deflector plates with or without trawls, 
and any other method that utilizes me- 
chanical means to harvest clams; 

(12) Mechanical methods for oystering. In- 
cludes, but not limited to, dredges, patent 
tongs, stick rakes and other rakes when 
towed by engine power and any other 
method that utilizes mechanical means to 
harvest oysters; 

(13) Depuration. Purification or the removal 
of adulteration from live oysters, clams, 
and mussels by any natural or artificially 
controlled means; 

( 14) Peeler Crab. A blue crab that has a soft 
shell developing under a hard shell and 
having a definite pink whito, or red line 



123 



6:1 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



or rim on the outer edge of the back fin 
or flipper; 

(15) Length of finfish. Determined by meas- 
uring along a straight line the distance 
from the tip of the snout with the mouth 
closed to the tip of the compressed caudal 
(tail) fm; 

(16) Licensee. Any person holding a valid 
licence from the Department to take or 
deal in marine fisheries resources; 

(17) Aquaculture operation. Any operation 
that produces artificially propagated 
stocks of marine or estuarine resources or 
obtains such stocks from authorized 
sources for the purpose of rearing in a 
controlled environment providing and 
maintaining throughout the rearing proc- 
ess, predator protection, food, water cir- 
culation, salinity, and/or temperature 
controls utilizing proven technology not 
found in the natural environment. 

Statutory Authority G.S. 113-134; 143B-289.4. 

.0004 INTRODUCTIONS AND TRANSFERS 
OF MARINE AND ESTUARINE 
ORGANISMS 

U is- unlawful to introduc e iftto the waters »f the 
state, a«y live uquutic animal ef live aquatic 
plant, »b4- native to the immediate) water afea 
concerned, without fost- obtaining a permit from 
the Fisheries Director. This prohibition shall 

1 n P 1 I 1 I 1 O ""< ii, it 1-v. t 1 ■ *-n itn.l t ri rm-inhn ^n.l iivilln-.ii 

htctotiu uui i iv.'i tt^ iii i i i eqq i \j yj i_i u i jli l u CO iu ttuiimiie^ 

catfish (Clariar . batraohus). 

(a) In order to protect the marine and estuarine 
resources of North Carolina from undesirable 
predators, pests, parasites, and disease, it is un- 
lawful, without first obtaining a permit from the 
Fisheries Director: 

( 1) To introduce into the waters of the state 
any live aquatic animal or plant not native 
to the immediate water area concerned. 

(2) To transfer into the waters of the state 
species which are native but which origi- 
nated outside the state's boundaries. 

(3) To hold or maintain any imported marine 
or estuarine organism in a quarantine or 
isolation system for brood stock or 
growout. 

(b) Any person desiring to obtain a permit for 
introductions or transfers must make wntten ap- 
plication to the Division of Marine Fisheries, 
P.O. Box 769, Morehead City, NC 28557-0769. 
The application must contain sufficient informa- 
tion for the Fisheries Director to determine that 
the action will not endanger any native marine 
resource or it_s environment. In the case of 
transfers into the state of native species, a certif- 



ication verifiable by the exporting state's natural 
resource agency that the imported organisms are 
free of any infectious disease, pests, or parasites 
must be included. 

(c) The Fisheries Director may hold public 
meetings prior to granting permits for activities 
specified in Subparagraphs (a)(1), (2), and (3) of 
this Rule and shall issue permits only after ap- 
plicants have shown that such activities will not 
pose a threat to native species or environments. 



Statutory Authority G.S. 
143B-289.4. 



113-134; 11 3- 1 ,82; 



.0011 PERMITS FOR AQUACULTURE 
OPERATIONS 

(a) It is unlawful to conduct aquaculture oper- 
ations without first obtaining a permit from the 
Fisheries Director. Such permit will be issued 
on a calendar year basis. All aquaculture oper- 
ations not required to be permitted by the 
Wildlife Resources Commission must be permit- 
ted by the Fisheries Director. 

(b) It is unlawful: 

( 1) To take fisheries resources from coastal 
waters for aquaculture purposes during 
closed seasons without first obtaining a 
permit from the Fisheries Director. The 
Fisheries Director may impose any or all 
of the following restrictions on the taking 
of fisheries resources for aquaculture pur- 
poses: 

(A) (44 Specify species, 

(B) (4) Specify quantity and/or size, 

(C) (44 Specify time period, 

(D) (44 Specify location, 

(E) (£4 Specify gear and/or vendors, 

(F) (6) Specify other conditions as appro- 
priate. 

(2) fe4 Wvs unlawful To sell, or use for any 

purpose not related to North Carolina 
aquacultural operations, fisheries re- 
sources taken under a permit issued in 
accordance with Paragraph fb4 Subpara- 
graph (b)(1) of this Rule. 

(3) (44 U t* unlawful To fail to submit to the 

Fisheries Director an annual report speci- 
fying the amount and disposition of 
fisheries resources collected under author- 
ity of this permit. 

(c) (e) Lawfully permitted shellfish relaying ac- 
tivities authorized by 15A NCAC 3K .0103 and 
.0104 are exempt from requirements of this Rule. 



Statutory Authority G.S. 
143B-2S9.4. 



113-134; 1/3-182; 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



124 



PROPOSED RULES 



SUBCHAPTER 3J - NETS, POTS, DREDGES, 
AND OTHER FISHING DEVICES 

SECTION .0100 - NET RULES, GENERAL 

.0103 GILL NETS, IDENTIFICATION, 
RESTRICTIONS 

(a) The Fisheries Director may, bv proclama- 
tion, limit or prohibit the use of all nets in 
coastal waters, or any portion thereof, and or 
impose any or all of the following restrictions on 
the use of ah nets: 

( 1) Specify area. 

(2) Specify season. 

(3) Specify all net mesh length except that the 
mesh lenah shall not be less than 2 1 2 
inches. 

(4) Specify means methods. 

(5) Specify all net number and length. 

(b) (a) It is unlawful to use fixed or stationary 
gill nets in the Atlantic Ocean or any gill nets in 
internal waters unless such nets are marked by 
attaching to them at each end two separate yel- 
low buoys which shall be of solid foam or other 
solid buoyant material no less than five inches in 
diameter and no less than five inches in length. 
Gill nets which are not connected together at the 
top line shall be considered as individual nets, 
requiring two buoys at the end of each individual 
net. Gill nets connected together at the top line 
shall be considered as a continuous net requiring 
two buoys at each end of the continuous net. 
Any other marking buoys on gill nets shall be 
yellow except that one additional identification 
buoy of any color or any combination of colors 
may be used at either or both ends. The owner 
shall always be identified on a buoy on each end 
either by using engraved buoys or by attaching 
engraved metal or plastic tags to the buoys. Such 
identification shall include one of the following: 

(1) Owner's N.C. motor boat registration 
number, or 

(2) Owner's U.S. vessel documentation name, 
or 

(3) Owner's last name and initials. 

(c) fb} It is unlawful to use gill nets: 

( 1 ) Within 200 yards of any pound net which 
is in use except in Chowan River as pro- 
vided in 15A NCAC 3J .0203(7); 

(3) With a mesh length less than twe a?*4 
ono half inch e s except drift gift fte+s used 
m Roanoke River as provided i» 4-*A 
NCAC U .0203(2); 

(2) (4} From March 1 through October 31 in 

the Intracoastal Waterway within 1 50 
yards of any railroad or highway bridge. 

(d) (e) It is unlawful to use gill nets within 100 
feet either side of the center line of the Intra- 
coastal Waterway Channel south of tfte • 



H Bridge at- Hobuoken Quick Flasher No. 54 in 
Alligator River at the southern entrance to the 
Intracoastal Waterway to the South Carolina 
line, unless such net is used in accordance with 
the following conditions: 

(1) No more than two gill nets per boat may 
be used at any one time; 

(2) Any net used must be attended by the 
fisherman from a boat who shall at no 
time be more than 100 yards from either 
net; and 

(3) Any individual setting such nets shall re- 
move them, when necessary, in sufficient 
time to permit unrestricted boat naviga- 
tion. 

(e| (4) It is unlawful to use drift gill nets in vio- 
lation of ISA NCAC 3J .0101 (4A a«4 (2) and 
Paragraph (c) of this Rule. 

[fj (#) It is unlawful to use unattended gill nets 
or block or stop nets in the Atlantic Ocean 
within 300 yards of the beach from Beaufort Inlet 
to the South Carolina line from sunset Friday to 
sunrise Monday from Memorial Day through 
Labor Day. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0107 POUND NETS 

(a) It is unlawful to use pound or fyke nets in 
internal coastal fishing waters without the own- 
er's identification being clearly printed on a sign 
no less than six inches square, securely attached 
on an outside corner stake of each such net. 
Such identification must include one of the fol- 
lowing: 

(1) For pound nets, the pound net permit 
number and the owner's last name and 
initials. 

(2) For fyke nets, the owner's N.C. motorboat 
registration number, the owner's U.S. 
vessel documentation name, or the own- 
er's last name and initials. 

Any pound or fyke net or any part thereof found 
set in internal coastal fishing waters without 
proper identification will be in violation and may 
be removed and disposed of in accordance with 
law. 

(b) It is unlawful to set pound nets, or any part 
thereof including except location identification 
stakes i» at each end of proposed new locations 
without first obtaining a Pound Net Permit from 
the Fisheries Director. Application fef such 
Pound -Xe*. Permits must be made »€* less than 
64 days prior te installation including trie setting 
ef stak e s. 44** Within 60 days of application, the 
Fisheries Director shall issue a public notice of 
intent to consider issuance of a Pound Net Per- 



125 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



mit for new locations, and may hold public 
meetings and approve or take other action which 
may include the denial of Pound Net Permits, 
deemed necessary to avoid potential user con- 
flicts and to protect traditional uses of the area 
including construction or use of piers. The 
Fisheries Director's final decision to approve, 
deny or modify the pound net permit application 
may be appealed by requesting in writing, within 
20 days of notice of such action, an administra- 
tive hearing before the Marine Fisheries Com- 
mission. A Pound Net Permit for a new location 
may be issued following evaluation by the 
Fisheries Director and will expire 365 days from 
the date of issue. 

(c) It is unlawful to set pound nets in previ- 
ously registered or permitted locations without 
first obtaining a Pound Net Permit for each lo- 
cation from the Fisheries Director. Such permits 
will expire 365 days from the date of issue. 
Failure to obtain a Pound Net Permit annually, 
or abandonment of pound net sets without re- 
moval of all stakes, shall constitute a violation 
and be grounds for refusal of any Pound Net 
Permit. Application for renewal of Pound Net 
Permits must be filed not less than ten days prior 
to expiration and will not be processed unless 
filed by the prior registrant. When an objection 
to a renewal is filed during the term of the permit, 
the Fisheries Director shall review and may deny 
the permit renewal under the criteria for issuance 
of new Pound Net Permits. Failure to use a 
pound net site within 60 days of issuance of a 
Pound Net Permit shall also constitute a vio- 
lation and be grounds for refusal and/or revoca- 
tion of other Pound Net Permits. It is unlawful 
to abandon a pound net set without removal of 
all stakes. 

(d) It is unlawful to use a pound net without 
leaving a marked navigational opening of at least 
25 feet at the end of every third pound. Such 
openings shall be marked with international &f- 
ango yellow signs at least six inches square. 

(e) It is unlawful to set a pound net, pound net 
stakes, or other related equipment in internal 
coastal fishing waters without yellow light reflec- 
tive tape or light- reflective paint devices on each 
pound. The light reflective tape or paint devices 
must be affixed to a stake of at least three inches 
in diameter on the offshore end of each pound. 
must cover a» area a vertical distance not less 
than 12 inches, vertically, a«4 visible from aH di- 
rections, and must be visible from a vessel when 
approached from all directions. 

(f) In Core Sound, the Fisheries Director shall 
by proclamation designate areas for the use of 
pound and fyke nets. 



(g) In Pamlico Sound, it is unlawful to set a 
pound net, pound net stakes, or any other related 
equipment without radar reflective tape ef me- 
tallic material and yellow light reflective tape or 
devices on each end of the pound net set. cov 
onng a» afea set less than 4-2 inchoo vertically, 
a«4 visible from all directions. The radar reflec- 
tive material and the light reflective tape or de- 
vices must be affixed to a stake of at least three 
inches in diameter, must cover a vertical distance 
of not less than 12 inches, and must be detectable 
by radar and light from a vessel when approached 
from all directions. I ight reflective tape or de^ 
vices mav be affixed to the radar reflective mate- 



rial 

(h) The Fisheries Director mav, by proclama- 
tion, between August J_ and January 31, require 
escape panels in pound nets and may impose any 
or all of the following restrictions on the use of 
escape panels: 

(1) Specify size, number, and location. 

(2) Specify mesh length, but not more than 
six inches. 

(3) Specify time and or season. 

(4) Specify areas. 

Statutory Authority G.S. 113-134; 113-132; 
113-221; 143B-289.4. 

SECTION .0200 - NET RULES, SPECIFIC AREAS 

.0201 ALBEMARLE SOUND AND 
TRIBUTARIES (REPEALED) 

Statutory Authority G.S. 113-134; 113-182; 
J43B-289.4. 

.0202 ATLANTIC OCEAN 

In the Atlantic Ocean: 

(1) It is unlawful to use nets from June 15 
through August 15 in the waters of 
Masonboro Inlet or in the ocean within 300 
yards of the beach between Masonboro Inlet 
and a line running 138° through the water 
tank on the northern end of Wrightsville 
Beach, a distance parallel with the beach of 
4,400 yards. 

(2) It is unlawful to use trawls within one-half 
mile of the beach between the Virginia line 
and Oregon Inlet. 

(3) It is unlawful to use a trawl with a mesh 
length less than four inches in the mam 
body, three inches in the extension, and one 
and three-fourths inches in the cod end or 
tail bag inshore of a line beginning at a point 
34° 41' 18" N - 76° 40' 08" W on the western 
side of Beaufort Inlet Channel (the present 
location of buoy "11" QK Fl); thence 



6:3 NORTH CAROLINA REGISTER May I, 1 99 1 



126 



PROPOSED RULES 



westward parallel to and one-half mile from 
the ocean back to a point 34° 40' 32" N - 
76° 53' 45" W off Salter Path. 
£44 it is unlawful te »se gill sets with- a m e oh 
longth greater than s+* inchoo from February 
4 through June 40 from Carolina Beach te- 
le* te- the South Carolina lifter 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0203 CHOWAN RIVER AND ITS 
TRIBUTARIES 

In the Chowan River and its tributaries: 

(1) It is unlawful to anchor the lead line of any 
net closer than 50 feet from shore except in 
the Meherrin River. 

(2) It is unlawful to use pound nets ef gill sets 
in any tributary creek or within 150 yards 
of the mouth of any such tributary creek of 
the Chowan River. 

(44 it is unlawful to ese all sets with a moon 
length le*s than twe a*t4 one half inchoo » 
the Mohornn River from January 4 through 
44a¥44r 

(3) (44 It is unlawful to set a pound net within 
200 yards parallel to any other pound net in 
the Chowan River. 

(4) (£> It is unlawful to use a seine within 1,000 
yards of the mouth of any creek tributary to 
the Chowan River. 

(5) (6} It is unlawful to set a trotline within 100 
yards of a pound net from February 1 
through May 31. 

(44. te the Chowan River from the mouth erf 
Wiccacon River te the North 
Carolina Virginia border, ail net* may be set 
perpendicular t+* the channel a distance el 
at- l e ast 40 feet from the outer portion ef a 
pound net whil e i» «ser 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

.0204 CI RRITUCK SOUND AND ITS 
TRIBUTARIES 

In Currituck Sound and its tributaries: 

( 1 ) It is unlawful to use any net or seine with 
more than one power boat. 

( 2 ) It is unlawful to use any seine or haul net 
which is more than 900 yards in length or 
which has a mesh length of less than three 
inches. 

(4) it is unlawful te> H^e gfi net* with a mooh 
length ler* than thr ee inchoo from January 4 
through 44a¥ 44r 

(-4+ From Juno 4 through September 40? it is 
unlawful tt> «se sill ttets witk a mo oh lonuth 



ȣ f+ve inchoo &? less e xc e pt aH Rets with a 
mooh longth ef throo attd one fourth inchoo 
&f less which a*e attended by the fiohorman 
at aU timoo. it ts unlawful tt» ese more than 

1( 1 1 I t - ■ i r, 1 ■- Q T ti.it .- 11 itli -i rn . i r V-i li'in i t< K , ^ T thf i i 

TT7T7 TTIrCTs C7T IIVl J I * 1111 CT 1 1 1 \~ ..' 1 1 ICZICCn U I 1111 LV 

a«4 one fourth inchoo ef lessr 
(44 From October 4 through December 447 rt 
is unlawful te «se g*H nets with a mooh 
longth less than three a«4 one half incheo e? 
te set within 404 yardo »f the ohorolino, e*- 
eept gjll nets with a mooh length five inchoo 
a*%4 greater a«4 attended giU nets as 4e- 
ocnbod te Subparagraph (4} ef this Rule. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0205 ROANOKE: CASHIE: MIDDLE AND 
EASTMOST RIVERS (REPEALED) 

Statutory Authority G.S. 113-/34; 1/3-182; 
143B-289.4. 

SECTION .0300 - POTS, DREDGES, AND 
OTHER FISHING DEVICES 

.0301 CRAB, EEL, FISH, AND SHRIMP POTS 

(a) It is unlawful to use pots except during time 
periods and in areas specified herein: 

(1) From November 1 through April 30 ex- 
cept that all pots shall be removed from 
internal waters from January 24 through 
February 7. The Fisheries Director may, 
by proclamation, reopen various waters to 
the use of pots after January 28 if it is de- 
termined that such waters are free of pots. 

(2) From May 1 through October 31, north 
and east of the Highway 58 Bridge at 
Emerald Isle: 

(A) In areas descnbed in 15A NCAC 3R 
.0007 (a)_ exc e pt that 

(B) The Fisheries Director may, by procla- 
mation, designate the areas te Wvoocking 
J4ay described in 15A NCAC 3R .0007 
( ■ I )(a) a«4 adjuot dooignatod areas te I ong 
Shoal Riv e r (h), or anv part thereof, for 
the use of pots, during ttes time ponod. 

(3) From May 1 through October 31 in the 
Atlantic Ocean and west and south of the 
Highway 58 Bridge at Emerald Isle in 
areas and during time periods designated 
by the Fisheries Director by proclama- 
tion. 

(b) It is unlawful to use pots in any navigation 
channel maintained and marked by State or 
Federal agencies. 

(c) It is unlawful to use pots unless each pot is 
marked by attaching a floating buoy which shall 
be of solid foam or other solid buovant material 



127 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



and no less than five inches in diameter and no 
less than five inches in length. Buoys may be of 
any color except yellow. The owner shall always 
be identified on the attached buoy by using en- 
graved buoys or by engraved metal or plastic tags 
attached to the buoy. Such identification shall 
include one of the following: 

(1) owner's N.C. motorboat registration 
number; or 

(2) owner's U.S. vessel documentation name; 
or 

(3) owner's last name and initials. 

(d) Pots attached to shore or a pier shall be 
exempt from (a) (2), (a) (3), and (c) of this Rule. 

(e) It is unlawful to use shrimp pots with mesh 
lengths smaller than one and one-fourth inches 
stretch or five-eights inch bar. 

(f) It is unlawful to use eel pots with mesh sizes 
smaller than one inch by one-half inch unless 
such pots contain an escape panel that is at least 
four inches square with a mesh size of 1" x 1/2" 
located in the outside panel of the upper chamber 
of rectangular pots and in the rear portion of cy- 
lindrical pots, except that not more than two eel 
pots per fishing operation with a mesh of any size 
may be used to take eels for bait. 

(g) It is unlawful to use crab pots in coastal 
waters unless each pot contains no less than two 
escape rings that are at least 2 5/16 inches inside 
diameter and located in the opposite outside 
panels of the upper chamber of the pot. Peeler 
pots with a mesh size less than 1 1/2 inches shall 
be exempt from the cull ring requirement. The 
Fisheries Director may, by proclamation, exempt 
the escape ring requirement during the period 
November through March, and may impose any 
or all of the following restrictions: 

( 1) Specify areas, and 

(2) Specify time. 

(h) It is unlawful to use more than 150 pots 
per vessel in Newport River. 

(i) Any pots found in violation of this Rule or 
15A NCAC 3J .0302 may be removed by marine 
fisheries enforcement officers and disposed of in 
accordance with law. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43B-289.4. 

SUBCHAPTER 3K - OYSTERS, CLAMS, 
SCALLOPS AND MUSSELS 

SECTION .0100 - SHELLFISH, GENERAL 

.0104 PERMITS LOR PLANTING SHELLFISH 
FROM POLLUTED AREAS 

(a) It is unlawful to take oysters or clams from 
polluted public waters for planting on private 
bottoms except: 



(1) As authorized by G.S. 113-203, provided 
that such person shall first obtain a permit 
from the Fisheries Director setting forth 
the time, a«4 area, and method by from 
which oy stars such shellfish may be taken. 
Relaying »f oysters from polluted wators 
shall bogin within five day* following the 
statewide closure efthe oyster season a«4 
shall continue fof a poriod net te- exceed 
si* weeks. 

(2) During the period Between April 1 through 

May 15. by permit from the Fisheries 
Director rotting forth the timer wea an4 
methe4 by w&eh eteftw may be take»r 
(b) The Fisheries Director, acting upon rec- 
ommendations of the Division of Environmental 
Health, shall close and reopen by proclamation 
any private shellfish beds for which the owner 
has obtained a permit to relay oysters and clams 
from polluted public waters. 



Statutory Authority G.S. 113-134; 
113-203; 113-221; 1 43 B- 289. 4. 



1 13-181 



.0105 NON-COMMERCIAL HARVEST OF 
SHELLFISH 

(a) It is unlawful for individuals claiming ex- 
emption from the oyster, clam and scallop license 
required by G.S. 113-154, by reason of non- 
commercial harvest, to take more than: 

(1) One bushel of oysters per person per day, 
not to exceed two bushels per vessel per 
day; 

(2) One hundred clams per person per day, 
not to exceed two hundred clams per ves- 
sel per day; and 

(3) One-half bushel of scallops per person per 
day, not to exceed one bushel per vessel 
per day. 

(b) A vessel license, as required by G.S. 
1 13-152 for the use of commercial fishing equip- 
ment as defined in 15A NCAC 31 .0001(b)(1) is 
not required for the non-commercial harvest of 
shellfish in accordance with limits in Paragraph 
(a) of this Rule, when: 

(4} Oystors a*e taken by hand tongs, hand 
rakes m accordance with 44A NCAC 3J4- 
mU^r «h? by h*ft4t 

(3) Clams a*e taken by hand tongs, hand 
rakos, &f by hand; afi4 

(4) Scallops afe taken by hand tongs, hand 
rakes m accordance with 44A NCAC IK- 
.0102. dip nets, »f by hand. 

(c) It is unlawful to take oysters, clams, or 
scallops for non-commercial purposes at any 
time except: 

(1) During regular open seasons; and 



6:3 NORTH CAROLINA REGISTER May I, 1991 



12S 



PROPOSED RULES 



(3) fty- means a*4 methods described i» Paf- 

a graph f&f ef this Rule; aft4 
(2) f^ Oysters and clams may also be taken 

on Sundays and scallops may also be 

taken on Saturdays and Sundays during 

regular open seasons. 

Statutory Authority G.S. 113-134; 113-152; 
113-154; 113-182; I43B-2S9.4. 



(c) (4) This Rule shall not apply to oysters im- 
ported from out-of-state solely for shucking at 
shucking houses which are currently certified for 
shucking and packing by the Division of Envi- 
ronmental Health and which hold a valid 
shucker-packer license. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 



SECTION .0200 - OYSTERS 

.0201 OPEN SEASON AND POSSESSION 
LIMIT 

It is unlawful to take, buy, sell, or possess any 
oysters from public bottoms except during the 
open season which begins October 15 for hand 
harvest, and November 1 for mechanical meth- 
ods and may extend through March 31. During 
any open season that may be allowed within the 
time periods stated herein, the Fisheries Director 
may, by proclamation, close and open the season 
or close and open any of the various waters to 
the taking of oysters and may impose any or all 
of the following restrictions: 

( 1) Specify number of days; 

(2) Specify areas; 

(3) Specify means and methods which may be 
employed in the taking; 

(4) Specify time period; and 

(5) Limit Specify the quantity, but shall not ex- 
ceed possession of more than 50 bushels 
aboard a vessel. 



Statutory Authority G.S. 113-134; 
113-201'; 113-221; 143B-289.4. 



113-182; 



.0202 SIZE LIMIT AND CELLING 
TOLERANCE 

(a) It is unlawful to possess oysters which have 
accumulated dead shell, accumulated oyster 
cultch material, a shell length of less than three 
inches, or any combination thereof that exceeds 
a 10 percent tolerance limit by volume. In de- 
termining whether the tolerance limit is exceeded, 
the Fisheries Director and his agents are author- 
ized and empowered to grade all, or any portion, 
or any combination of portions of the entire 
quantity being graded, and in cases of violations, 
may require seizure and return to public bottom 
or other disposition as authoriz.ed by law. 

(b) All oysters shall be culled by the catcher 
where harvested and all oysters of less than legal 
size, accumulated dead shell and cultch material, 
shall be immediately returned to the bottom from 
which taken. 

(e) U » unlawful te talco. land, &f possess 
aboard a vessel more than 5Q bushels ei oysters 

'\ t rtr\-\r iA*Tj tuii.i 

(ii li ii T ( ' 1 1 \- nil ii . 



.0205 MARKETING OYSTERS TAKEN FROM 
PRIVATE SHELLFISH BOTTOMS 

(a) It is unlawful to take, possess, buy, or sell 
oysters from private beds during the open season 
unless such oysters have been culled in accord- 
ance with Rule 15A NCAC 3K .0202. 

(b) It is unlawful to take, possess, or sell oysters 
from private beds during the regular closed sea- 
sew- without first securing from the Fisheries Di- 
rector a permit showing the name of the person 
or persons taking the oysters, the location of the 
private bed, the daily quantity to be taken, and 
the method of harvest. With each sale e* other 
disposition »f oysters ft is unlawful to sell, pur- 
chase or possess oysters during the regular closed 
season without the permittee shall complete tm4 
d e liver delivering to the purchaser or other re- 
cipient a certification that the oysters were taken 
pursuant to a valid permit. Certification forms 
shall be furnished by the Department to each 
permittee upon issuance of a permit. U is vm- 
lawful te- possess oysters during tl*e closed season 
except a* provid e d her e in. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 143B-289.4. 

SECTION .0300 - HARD CLAMS 
(MERCENARIA) 

.0303 MECHANICAL HARVEST PERMIT 
REQUIREMENT 

(a) It is unlawful to harvest hard clams by the 
use of mechanical methods from public or pri- 
vate bottom without first obtaining a permit. 
Permits are valid only in areas, at times, and un- 
der conditions specified by the Fisheries Director 
based on concerns for other fisheries resources in 
the vicinity of the areas within which such activ- 
ity is permitted. Such permit may impose con- 
ditions and requirements reasonably necessary 
for management and enforcement purposes. 

(b) The permit will be revoked or suspended 
under the following conditions: 

(1) If any permit holder refuses to provide 
clam harvest information upon contact by 
division staff, either by telephone or in 
person, his permit shall be suspended. 



129 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



Permits may be reinstated ten days after 
requested information is provided. 

(2) Upon conviction of violation of marine 
fisheries law, regulation, rule, or procla- 
mation involving the use of mechanical 
methods, the owner's permit will be sus- 
pended for no less than the following time 
periods: first conviction — 10 days; sec- 
ond conviction within three years -- 30 
days; third conviction within three years 
— 60 days; and upon the fourth conviction 
within a three-year period, the permit will 
be permanently revoked. 

(3) Upon conviction of violation of 15A 
NCAC 3K .0101 or conviction of taking 
clams with the use of mechanical methods 
from coastal waters that are closed by 
proclamation because of pollution, the 
owner's permit will be suspended for 30 
days for the first conviction, and after the 
second conviction within a three-year pe- 
riod the permit will be permanently re- 
voked. 

(4) In the event the person makes application 
for a new permit during the period of 
suspension, no new permit will be issued 
during the time specified in this Rule. In 
cases of permanent revocation the mini- 
mum waiting period before application for 
a new permit will be considered will be six 
months; then only after a hearing before 
the Fisheries Director or his agent and a 
finding that issuance of the permit will be 
in the best interest of fisheries manage- 
ment may a new permit be issued. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0305 CLAM SIZE AND HARVEST LIMIT 
EXEMPTION 

(a) It is unlawful t» op e rate a clam hatchery 
without 6f*+ obtaining a permit from the 
Fisheries Dir e ctor. Such permit will be issued 
»» a calendar veaf basis. A clam hatchery' » de- 
finod a* asvf operation which obtams clamo 
through the process ©f artificial spawning and or 
culture m e thods. 

fb) Possession and sale of clams by a hatchery 
or clam aquaculture operation and purchase and 
possession of clams from a hatchery or clam 
aquaculture operation shall be exempt from bag 
and size limit restrictions in 15A NCAC 3K 
.0301(a). It is unlawful to possess, sell, purchase, 
or transport such clams unless they- a*e identified 
ift a manner that ¥411 permit immediate determi 
nation ef the point ©f origin a&4 the ultimate 



destination, in compliance with all conditions 
of the Aquaculture Operation Permit. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

SUBCHAPTER 3L - SHRIMP, CRABS, AND 
LOBSTER 

SECTION .0200 - CRABS 

.0202 CRAB TRAWLING 

(a) It is unlawful to take or possess aboard a 
vessel crabs taken by trawl in internal waters ex- 
cept in areas and during such times as the 
Fisheries Director may specify by proclamation. 

(b) It is unlawful to use any crab trawl with a 
mesh length less than three inches for taking hard 
crabs, except that the Fisheries Director may, bv 
proclamation, increase the minimum mesh length 
to not more than four and one-half inches. 



(c) It is unlawful to use trawls with a mesh 
length less than two inches or with a corkline 
exceeding 25 feet in length for taking soft or 
"peeler" crabs. 44te minimum corkline l e ngth 
shall H++t apply m Dure County. 

(d) It is unlawful to take crabs with trawls be- 
tween one hour after sunset on any Saturday and 
one hour before sunset on the following Sunday, 
except in the Atlantic Ocean. 



Statutory Authority G.S. 
113-221'; 143B-289.4. 



113-134; 113-182; 



SUBCHAPTER 3M - E1NFISH 
SECTION .0200 - STRIPED BASS 

.0201 GENERAL 

(a) Striped bass is defined as striped bass 
(Morone saxatilis) and its hybrids taken in 
coastal and joint waters. 

(b) Hook-and-line fishing equipment is not 
commercial fishing equipment in the striped bass 
fishery. It is unlawful to sell or purchase striped 
bass taken by hook-and-line. Striped bass taken 
legally with hook-and-line may be possessed and 
transported. 

(c) It is unlawful to possess striped bass im- 
ported from other states less than 44 J_8 inches 
long (total length). 

(d) It is unlawful to buy, sell, transport, or 
possess striped bass except: 

(1) During the open season in internal coastal 
waters established in 15A NCAC 3M 
.0202, or 

(2) During any open season established for the 
Atlantic Ocean in 15A NCAC 3M .0204. 



6:3 NORTH CAROLINA REGISTER May I, 1991 



130 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0202 SEASON, SIZE AND HARVEST 

LIMIT: INTERNAL COASTAL WATERS 

(a) The Fisheries Director may, by proclama- 
tion, impose any or all the following restrictions 
h* addition to restrictions » 4-oA- NCAC 3M 
.(1203, on the taking of striped bass in internal 
coastal waters: 

(1) Specify season or seasons: 

(a) (-A4 for hook-and-line fishing. 

(b) (-ft} for commercial fishing equipment be- 

tween October 1 and April 30. 

(2) Specify areas, 

(3) Specify quantity, but shall not exceed pos- 
session of more than three fish in anv one 



dav taken bv hook-and-line. 



(4) 
(5) 



Specify means methods, 
Specify size, but the minimum si/e specified 
shall not be less than 18 inches total length. 



(6) Require submission of statistical and bi- 
ological data, 
fb^ This Rule wiH- be effective until September 
4t 1^02. Fish that do not meet the minimum size 



limit specified bv proclamation shall immediately 
be returned to the waters from which taken re- 



gardless of condition. 



Statulor\ ; Authority G.S. 
113-221'; 143B-289.4. 



113-134; 113-182; 



.0203 SIZE AND CREEL LIMIT: INTERNAL 
COASTAL WATERS (REPEALED) 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-182; 



SECTION .0500 - OTHER EINFISH 

.0501 RED DRUM 

(a) U is unlawful to take of possess more than 
two peo drum exceeding ±2 inches » length m 

■ ■ *T V | I < f . t I i • i 1 I 

(o> 44 is unlawful to possess Fe4 drum less than 
44 inches io length. 

I • • \ I t ■ .- I i n I ■ m :4 i i 1 t . i «-. \r-t-t .at ■ , -. r. t , 1 , In i »->t I «- . ^ m -~, r~t i - 

T V J TT r? LI I [in M1UI TTT rtTTrfnT tTTI Ul i_II 1 1 1 1 I ' 1 1 1 LU I J 

ti -t-\. i . t r ta , \t 1 1 ' i t l-i t i-\ ,-t fn, 1 ,— t T -it-it: K/f it h/-t,-\l.- .1 'I 1 1 

rTTTT UI I IV I TTTTTT 1 1 IV U1U TTT LL1 1 T I ■ V LI I 1 IV I.' l\ , CCn 1 j 

spear, gigr of similar device. 

(a) fa} The Fisheries Director, may by procla- 
mation, impose any or all of the following addi 
tional restrictions on the taking of red drum: 

(1) Specify areas. 

(2) Specify seasons. 

(3) Specify quantity, but shall not exceed 
possession of more than two fish over 32 
inches total length in anv one dav. 

(4) Specify means, methods. 



(5) Specify size, but the minimum size speci- 
fied shall not be less than 14 inches total 
length. 



(b) It is unlawful to remove red drum from any 
type of net with the aid of any boat hook, gaff, 
spear, gig, or similar device. 



Statutory Authority G.S. 
113-221; 143B-289.4. 



113-134; 113-182; 



.0505 SHARK 

The Fisheries Director may, by proclamation, 
until September 4r 1 99 1 , impose any or all of the 
following restrictions in the shark fishery: 

(1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Specify means 'methods; and 

(6) Require submission of statistical and bi- 
ological data. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0506 SNAPPER-GROUPER 

The Fisheries Director may, by proclamation, 
until September 4-r 1091, impose any or all of the 
following restrictions in the fishery for species of 
the snapper-grouper complex fisted in the South 
Atlantic Fishery Management Council Fishery 
Management Plan for the Snapper- Grouper 
Fishery of the South Atlantic Region: 

(1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Specify means 'methods; and 

(6) Require submission of statistical and bi- 
ological data. 



Statutory Authority 
113-221; 143B-289.4. 



G.S. 113-134; 113-182; 



.0507 HOOK-AND-LINE FISHING 






RESTRICTED 






The 


Fisheries Director may, 


by proclamation. 


establish size and harvest limit 


restrictions 


for the 


following species taken bv hook-and-line: 




(1) 


Blue marlin; 






(2) 


White marlin; 






(3) 


Sailfish; 






(4) 


Cobia; 






(5) 


Dolphin; 






(6) 


Bluefish; 






(7) 


Spotted seatrout; a«4 






(8) 


Weakfish; and 






rM 


Tuna. 







in 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0508 STURGEON 

It is unlawful to possess sturgeon in North 
Carolina. 



Statutory Authority 
113-221; 143B-289.4. 



G.S. 113-134; 113-182; 



SUBCHAPTER 3N - NURSERY AREAS 

.0003 MAPS AND MARKING 

(a) Maps or charts showing all primary and 
secondary nursery areas identified in 15A NCAC 
3R .0003, .0004, and .0005 are available for in- 
spection at the Division of Marine Fisheries' Of- 
fice, Morehead City. 

(b) The Division of Marine Fisheries will mark 
the downstream boundary of each primary and 
secondary nursery area with signs insofar as may 
be practicable. No unauthorized removal or re- 
location of any such marker or sign shall have the 
effect of changing the classification of any body 
of water or portion thereof, nor shall any such 
unauthorized removal or relocation or the ab- 
sence of any marker or sign affect the applicabil- 
ity of any rule pertaining to any such body of 
water or portion thereof. Where there is conflict 
between markers and charts, charts shall prevail. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0004 PROHIBITED GEAR, PRIMARY 
NURSERY AREAS 

It is unlawful to use any trawl net, long haul 
seine, swipe net, dredge, or mechanical methods 
method for clams or oysters for the purpose of 
taking any marine fishes in any of the primary 
nursery areas described in 15A NCAC 3R .0003. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0005 PROHIBITED GEAR, SECONDARY 
NURSERY AREAS 

(a) It is unlawful to use trawl nets for any 
purpose in any of the permanent secondary 
nursery areas described in 15A NCAC 3R .0004. 

(b) It is unlawful to use trawl nets for any 
purpose in any of the special secondary nursery 
areas described in 44A NCAC *P 4W0^ 15A 
NCAC 3R .0005, except that the Fisheries Di- 
rector, may, by proclamation, open any or all of 
the special secondary nursery areas, or any por- 
tion thereof, listed in 15A NCAC 3R .0005 to 
shrimp or crab trawling from August 16 through 



May 14 subject to the provisions of 15A NCAC 
3L .0100 and .0200. 

(c) Permanent and special secondary nursery 
areas described in 15A NCAC 3R .0004 and 
.0005 generally pertain to those areas located be- 
tween the described line and the primary nursery 
area lines or Inland-Coastal boundary lines where 
applicable. 



Statutory Authority G.S. 
113-221; 143B-289.4. 



113-134; 113-182; 



SUBCHAPTER 30 - LICENSES, LEASES, AND 
FRANCHISES 

SECTION .0100 - LICENSES 

.0104 SHIPPING AND TRANSPORTING 
SEAFOOD 

(a) It is unlawful to sell oysters, hard clams, or 
mussels in the shell without identifying the har- 
vest area, water body, county, date, harvester's 
name and harvester's Oyster, Clam and Scallop 
License number on water-resistant identification 
tags attached to each container in which the 
oysters, clams, or mussels are packaged. 

(b) (a) It is unlawful to transport seafood with- 
out having ready at hand for inspection a bill of 
consignment (bill of lading) provided by the 
shipping dealer showing thereon the name of the 
consignee, name of the shipper, the date of the 
shipment, and the quantity of each product 
shipped. In the event the fisherman taking the 
seafood is also a dealer and ships from the point 
of landing, all records of bills of consignment 
shall be recorded at the point of landing, (fe) 
Fishermen who transport their catch to dealers 
are not required to abide by this Rulo. Para- 
graph, 

(c) It is unlawful for any dealer to purchase, 
sell, possess or transport any fish that are not in 
compliance with rules or proclamations of the 
Marine Fisheries Commission and the Division 
of Marine Fisheries. 



Statutory Authority G.S. 113-/34; 113-182; 
143B-289.4. 

SECTION .0200 - LEASES AND FRANCHISES 



.0201 STANDARDS FOR SHELLFISH BOTTOM 
AND WATER COLUMN LEASES 

(a) All areas of the public bottoms underlying 
coastal fishing waters must shall: 

(1) Meet the following standards in addition to 
the standards in G.S. 1 13-202 in order to 
be deemed suitable for leasing for shellfish 
purposes: 



6:3 NORTH CAROLINA REGISTER May 1, 1 99 1 



132 



PROPOSED RULES 



(A) (+) The lease area must not contain a 
natural shellfish bed which is defined as 
ten bushels or more of shellfish per acre. 

(B) (3) The lease area must not be closer 
than 100 feet to a developed shoreline. 
In an area bordered by undeveloped 
shoreline, no minimum setback is re- 
quired. When the area to be leased bor- 
ders the applicant's property or borders 
the property of riparian owners who have 
consented in a notarized statement, the 
Commission may reduce the distance 
from shore required by this Rule. 

(C) (4) Unless the applicant can 
affirmatively establish a necessity for 
greater acreage through the management 
plan that is attached to the application 
and other evidence submitted to the 
Commission, the lease area shall not be 
less than one acre and shall not exceed: 
(i) (-A4, 10 acres for oyster culture; 

(ii) f£> 5 acres for clam culture; or 
(iii) £G) 5 acres for any other species. 
This Section shall not be applied to re- 
duce any holdings as of July 1, 1983. 
(2) fb) Leased aroao must produc e Produce 
and market 25 bushels of shellfish per acre 
per year to meet the minimum commer- 
cial production requirement for leased 
bottoms. 

(b) Water columns superjacent to leased bot- 
toms shall meet the standards in OS. 1 13-202.1 
in order to be deemed suitable for leasing for 
aquaculture purposes. 

(c) Water columns superjacent to duly recog- 
nized perpetual franchises shall meet the stand- 
ards in G.S. 1 13-202.2 in order to be deemed 
suitable for leasing for aquaculture purposes. 

(d) Water column leases must produce and 
market UK) bushels of shellfish per acre per year 
to meet the minimum commercial production 
requirement. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; 143B-289.4. 

.0202 SHELLFISH BOTTOM AND WATER 
COLUMN LEASE APPLICATIONS 

(a) iVny person desiring te apply fof a lease 
must malco written application te the Division 
by compl e ting the Application fof L e as e ef 
Shellfish Bottom Form. The forms ate available 
from the Division e4 Marin e Fish e ri e s, P.O. 8e* 
im, Mor e head Grtyr North Carolina 28557 0769. 
Application forms are available from the Divi- 
sion's office headquarters referenced in 15A 
NC AC 311 .000 1 for persons desiring to apply for 



Each application must be accompanied by a map 

or diagram The map »f diagram wiU be prepared 

at the applicant's expense and must meet the 

following standards: information requirements 

contained in the application including 

(T> A scaled diagram ef sketch &ft ordinary 8 L2 

* 44 i«eh paper, which shows a property oriented 

north arrow; 

(3) The diagram ef skoteh shall clearly show the 

boundaries ef the proposed leasehold and the Fe- 

lationship between the boundaries a«4 each e£ 

the following items: 

(A) Physical features such as shoreline, naviga 

tie» markers, piers, eterf 

fB} Geographic featuros such as bays, sounds, 

crooks, points, islands, etfef aftd 

(€} Existing oyst e r af»4 clam »f shollfish leases 

» the ajea identified with the owner's name aftd 

lease number; 

& A ti4e bleek- labeled 'SHELLFISH LEASE 

APPLICATION MAP" that contains: 

(A) The applicant's name, addross and tele 

phono number; 

(4T) The name &f the body ef water wherein the 

proposed leasehold is sited; a&4 

It \ J.^^ ;'Aun)i: tl^i^i Q I >hn m •-. «-. ff Aln nl tVifi 

1 1 rj I 1 l\.' CT7TTTTTTJ UU l\- KJ 1 CXXv 1 1 IU I.' , ■^-TJ.JV CTT CT^C 

map, and the estimated lease acroage; a»d 
f4) A» an inset vicinity map which shows 
showing the location of the proposed lease with 
detail sufficient detad to allow ready, permit on- 
site identification and location. ef the afea by- 
investiaatina biolomsts and members ef the pub 
tier 

(e) The application and map ee diagram must 
be returned te the above address accompanied 
by- a filing fee ef »«e hundred dollars ($100.00). 

(b) (e) As a part of the application, the appli- 
cant must submit a management plan for the area 
to be leased on a form provided by the Division 
which meets the following standards: 



(1) States the methods through which the ap- 
plicant will cultivate and produce shellfish 
consistent with the minimum requirement 
in 15A NCAC 30 .0201; fb* 

(2) States the time intervals during which 
various phases of the cultivation and pro- 
duction plan will be achieved; 

(3) States the materials and techniques that 
will be utilized in management of the 
lease; a«4 

(4) Forecasts the results expected to be 
achieved by the management activities; 
and 

(5) Describes the productivity of any other 
leases or franchises held bv the applicant. 

(c) The completed application, map or dia- 
gram, and management plan for the requested 
shellfish bottom and water column leases, fb} lease will not be accepted bv the Division unless 



133 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



accompanied by a non-refundable filing fee of 
one hundred dollars ($100.00). An incomplete 
application will be returned and not considered 
further until re-submitted complete with all re- 
quired information. 

(d) (e^ Immediately after the an application is 
deemed to have met all requirements and is ac- 
cepted by the Division, the applicant must mark 
identify the area »f public bottom for which a 
lease is requested The afea shall be marked at 
each corner with stakes at each comer in accord- 
ance with the provision ef 15A NCAC 30 
.0204(a)(1) (A). The applicant shall firmly attach 
to each stake a sign, provided by the Division 
The applicant shall placo i» the appropriate 
spaces containing the name of the applicant, the 
date the application was filed, and the estimated 
acres. 

fT} Application processing will begin when a» 
application that is apparently complete is ae- 
ceptod by- the Division. A» incomplete ef defi 

. *< , \*-\ t *\ r\j~\ 1 1 |~* *~\ t » j~iT~E * * > i 1 \ \ m * l i ' i t j 1 f T 1 M i 1 j,a k f 1 | . j ^*j^^^h^^^^^»^^4 

aft4 will set be considered until it is r e submitted 
a&4 determined by the Division to be complete 

ami sufficient. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; I43B-2S9.4. 

.0203 SHELLFISH LEASE APPLICATION 
PROCESSING 

(a) Upon acceptance of a completed applica- 
tion, the proposed lease area will be inspected 
within a reasonable time by agents of the Divi- 

C1("\T1 I I *!''■ I ■ ' ■■ ""* t • ' ' > ■ t l-i . i I lll'ILlim f 1 . >4 i \*~m «.-»■> f l-t r 1 1 

"IV '1 I TT 1 1 IV KX EC 1 1 1 J O I till.' 1^1 ¥ l.'UMl UL IL1 1 1 1 1 1 IV I 1 1 II I 

the afea proposed to be leased is Proposed lease 
areas inconsistent with the applicable standards 
contained or referenced in G.S. 1 13 202 fa} a»4 
15A NCAC 30 .0201 the Division shall «etoy 
the applicant who may then amend the applica 
tieft to exclude will result in the return of appli- 
cations for amendment to remove the 
inconsistencies. If the boundaries of the pro- 
posed leasehold lease area are modified, the 
stakes identifying such areas shall be moved re- 
located accordingly by the applicant. The failure 
of applicants to amend applications or modify 
lease area identification, when required, will re- 
sult in denial of such applications. 

(b) If the initial or amended lease application 
is deemed consistent with all applicable require- 
ments, the Secretary or his designee shall notify 
the applicant and publish notices of intention to 
lease in accordance with standards in G.S. 
113-202(f). 

fe) When a» applicant has been notified under 
fa} e£ this Rul e that the Division considers the 
application inconsistent with applicable stand 



afds a»4 the applicant does »»t amend the ap- 
plication to make it consistent, the Division shall 
rocommond to the Commission that the applica 
tfaft be denied e* that a conditional lease be is- 
sued which is consistent with the applicable - 
standards. After receipt e£ a» applicant's re- 
sponse to a notico b( inconsistency stating that 
n» amendment &f- the application will be mado, 
the application shall be considered deni e d. 

(c) (4} The Marine Fisheries Commission shall 
will consider the lease application, the Division's 
determination, proposed lease area analysis, and 
a»y- public comments, and may in its discretion 
lease or decline to lease the proposed lease area 
e£ public bottom, or any part e£ the area, to ae- 
cordanco with its duty to conserve the marino 
ami ostuarino rosourcoo e£ the state. thereof. 
The Commission may- impose special Special 
conditions may be imposed e» leases so that 
leases may be issued which would otherwise be 
denied. Should an applicant decide not to accept 
any special condition imposed on the lease by the 
Commission, the application shall be considered 
denied. The applicant will be notified sf any- 
action within a reasonable time. 

(d) fe} Upon approval of the lease leases by the 
Commission, the applicant applicants shall define 
mark the bounds »f the afea approv e d fa* leasing 
with markers shellfish bottom leases in accord- 
ance with 15A NCAC 30 .0204 (a)(1). water 
column leases in accordance with 15A NCAC 30 
.0204(a)(2), and shall within 90 days submit to 
the Division a survey acceptable surveys of the 
area areas approved for leasing except that a wa- 
ter column lease which entirely covers a shellfish 
bottom lease or franchise with an accepted survey 
on file does not require another survey. The 
survey Such surveys will be made at the appli 
cant's expense of applicants and must meet the 
following standards: 

(1) The survey ami map Surveys and maps 

shall meet all the requirements of 21 
NCAC 56 .1600, Standards of Practice for 
I and Surveying in North Carolina. 

(2) The map Maps shall bear the certificate: 

"I certify 

that this map was (drawn by me) (drawn 
under my supervision) from (an actual 
survey made by me) (an actual survey 
made under my supervision); that the er- 
ror of closure as calculated by latitudes 

and departures is 1: , that 

the area is acres. Witness 

my hand and seal this day 

of AD 



Surveyor or Engineer 



6:3 NORTH CAROLINA REGISTER May 1, 1 99 1 



134 



PROPOSED RULES 



(3) The phrase "other appropriate natural 
monuments or landmarks" in 21 NCAC 
56 .1604(e)(9) shall include bridges, roads, 
highways, intersections, publicly main- 
tained aids to navigation, houses and 
other permanent buildings, radio, tele- 
phone, TV, and water towers; docks; 
piers, and bulkheads; but does not include 
stakes marking the boundaries of adjoin- 
ing leases, points of marsh, junctions of 
streams, or other landmarks which are 
particularly subject to change through 
natural processes, storms, or the effect of 
man. 

(4) A written description of the survey suitable 
for official documents shall be provided 
with the survey. 

(f) Alt e r th© Division ha* doomed a survey ac- 
ceptable, the applicant shall pay all fees a»d r e nts 
4©e m advanc e . 44*© Secretary shall then execute 
the lease eft forms approved by the Attorney 
G e neral. 

f©4 U the applicant aft4 the Division a*e unabl e 

shown » the surrey, the Division shall report the 
mutt e r with reasonable dispatch t© the Marine 
Fisheries Commission fof resolution. 

(e) fb+ Until a lease ha* been executed by the 
Secretary, the a*ea proposed f-©f leasing remains 
Proposed shellfish bottom lease areas remain 
public bottom &&& »«y member ©f the public 
may harvest the shellfish found growing within 
the a*©a m a manner consistent with ah other 
rules that a?© applicable t» the harvest ©f- 
shellfish, until a formal lease has been executed 
bv the Secretary. 

(f) Proposed water column lease areas 
superjacent to shellfish bottom leases and recog- 
nized perpetual franchises remain public water 
until a formal lease has been executed bv the 
Secretary. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 113-202; 143B- 2S9.4. 

.0204 MARKING SHELLFISH LEASES AND 
FRANCHISES 

(a) All shellfish bottom leases, a*4 franchises, 
and water column leases shall be marked hy-f as 
follows: 



(1) Shellfish bottom leases and franchises shall 
be marked hv: 
(A) Stakes of wood or plastic material at 
least three inches in diameter at the water 
level and extending at least four feet above 
the high water mark. The stakes shall be 
firmly jetted or driven into the bottom at 
each corner. 



01 



(B) (3) Signs displaying the number of the 
lease or franchise and the name of the 
owner printed in letters at least three 
inches high must be firmly attached to 
each comer stake. 

(C) (44 Supplementary stakes of wood or 
plastic material, not farther apart than 50 
yards or closer together than 50 feet and 
extending at least four feet above the high 
water mark, must be placed along each 
boundary, except when such would inter- 
fere with the use of traditional navigation 
channels. 
Water column leases shall be marked bv 



anchoring two yellow buovs, meeting the 
material and minimum size requirements 
specified in J_5A NCAC 3J .0103(a) at 
each corner of the area or by other means 
as identified and approved by the Marine 
Fisheries Commission in the Management 
Plan. 



(b) Stakes marking areas of management within 
shellfish bottom leases or franchises, as approved 
m the management plan, must conform to Sub- 
paragraph (a)(3) (a)( 1 )(C) of this Rule and may 
not exceed one for each 1,200 square feet. 
Marking at concentrations of stakes greater than 
one for each 1,200 square feet constitutes use of 
the water column and a water column lease is 
required in accordance with G.S. 113-202.1 or 
G.S. 113-202.2. 

(c) All areas claimed in filings made pursuant 
to G.S. 113-205 as deeded bottoms through 
oyster grants issued by the county clerk of court 
or as private bottoms through perpetual fran- 
chises issued by the Shellfish Commission shall 
be marked in accordance with Paragraph (a) of 
this Rule, except the sign shall mclude the num- 
ber of the grant ©f deed franchise rather than the 
number of the lease. However, claimed areas not 
being managed and cultivated shall not be 
marked. 

(d) It is unlawful to fail to remove all stakes, 
signs, and markers within 30 days of receipt of 
notice from the Secretary pursuant to Depart- 
mental Rule 15A NCAC 1H .0207 that th© a 
G.S. 1 13-205 claim to the a marked area has been 
denied. 

(e) The Division has no duty to protect any 
shellfish bottom lease, ©f franchise, or water col- 
umn lease not marked in accordance with Para- 
graph (a) of this Rule. 

Statutory Authority G.S. 76-40; 113-134; 
113-182; 113-201; 113-202; 113-202.1; 113-205; 
143B-289.4. 

.0205 LEASE RENEWAL 



135 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



ll J 1 'lH~*TT r^TT?!^^P L II 1 ED 1 ICTTTre HJIIU H Ul I 

A© loaso k t» oxpiro. Application for renewal 
ohould be made boforo April +r I^ease renewal 
applications will be provided to lessees as fol- 
lows: 

(1) For shellfish bottom leases, renewal ap- 
plications will be provided in January of 
the year of expiration. 

(2) For water column leases, renewal applica- 
tions will be provided at least 90 days 
prior to expiration dates. 

(b) Each Lease renewal application applications 
shall be accompanied by a management plan that 
moots plans meeting the requirements of 15A 
NCAC 30 .0202 (b), {4} a»4 a- map e* diagram 
that moots the requirements ef 44A NCAC 3Q 
.0202(b). 

(e) T-be renewal application aft4 managem e nt 
plan must be returned te the Division address 
given i» 4-SA NCAC 3© .0202 (a) accompanied 
by a A filing fee of fifty dollars ($50.00) shall ac^ 
company each renewal application for shellfish 
bottom leases. 

V " T III, II CTZO I-*l 1 I J1U1I 111. TVI IIIIJ1UJ 1 1 IUI TTTC Ul 1,'U 

.- l-i i "< n-tl « «-t trin *i-i -i ri r^ »- .li'i. >fi rrl | f in/-/\ nrii'f /in) 1 V 1 t 1~1 
TTTTTTTTT III C 1 IV TTTTTTT *7T aTtn^TTTTT ITT 11 IHU IIJIJILIII f I 1111 

the afea leased te the ren e wal applicant, the Di- 
vision shall request that the Marino Fisheries 
Commission require the area be surveyed prior 
te- renewal e£ the leas e at the applicant's expense. 

(c) A survey for renewal leases will be required 
at the applicant's expense when the Division de- 
termines that the area leased to the renewal ap- 
plicant is inconsistent with the survey on file. 

(d) f*7 When the Secretary determines, it is de- 
termined, after due notice to the lessee, and after 
opportunity for the lessee to be heard, that the 
lessee has not complied with the requirements of 
this Section or that the lease as issued is incon- 
sistent with this Section, the Secretary may de- 
cline to renew, at the end of the current terms, 
any oyster ef clam bottom l e as e , shellfish bot- 
tom or water column lease. 

($ The lessee may appeal the denial ef the See- 
rotary te- renew a lease Secretary's decision to the 
Marine Fisheries Commission pursuant to G.S. 
113-202(p). 

(e) (g) If the Secretary declines to renew a lease 
that has been determined to be inconsistent with 
the standards of this Section, the Secretary, with 
the agreement of the lessee, may issue a renewal 
lease for all or part of the area previously leased 
to the lessee that contains conditions necessary 
to conform the renewal lease to the minimum 
requirements of this Section for new leases. 



.0206 LEASE PROTEST 

(a) Should any person object to the granting 
of any initial or renewal lease, he has the right to 
protest its issuance prior to the granting of the 
lease by the Commission, fb) The protestant 
may file a sworn statement of protest with the 
Division stating the grounds for protest. fe)-The 
Secretary will notify both the prospective lessee 
and the protestant upon receipt of a protest, and 
will conduct such investigation as he deems nec- 
essary, and will notify both parties of the out- 
come of his investigation. Protestants and 
applicants receiving an adverse recommendation 
on the lease application from the Secretary may 
request in writing within 20 days notice of such 
action an administrative hearing before the Ma- 
rine Fisheries Commission. 

(b) (4} Any member of the public shall be al- 
lowed an opportunity to comment on any lease 
application during the public hearing at which 
the lease application is being considered by the 
Commission. Secretary. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; 143B-289.4. 

.0207 PRODUCTION REPORTS 

(a) The owner owners of each shellfish lease 
ef franchis e must file with the Division a» leases 
and franchises shall provide annual production 
report reports to the Division showing the 
amounts of material planted and harvested in 
connection with management for commercial 
production. Reporting forms will be provided 
to owners of shellfish bottom leases and recog- 
nized franchises by the Division during the period 
that annual notices of rent due are provided to 
lessees owners of shellfish bottom leases in ac- 
cordance with G.S. 113-202(j). Reporting forms 
will be provided to owners of water column 
leases prior to each annual anniversary date. 

(b) Failure to furnish the required production 
report, correct and in detail requested, or filing a 
report containing false information, can consti- 
tute grounds for termination. 



Statutory Authority G.S. 1/3-/34; 
113-201; 113-202; 143B-289.4. 



113-182; 



Statutory Authority G.S. 
113-202; 143B- 289.4. 



113-134; 113-201; 



.0208 CANCELLATION 

(a) In addition to the grounds established by 
G.S. 113-202, the Secretary will begin action to 
terminate leases and franchises for failure to 
produce and market at least 2S bushels ef oysters 
and/or clams pep aefe pe? year, averaged evef the 
most recent three y e ar period aft e r January 4- 
following the second anniversary ef a» initial 



6:3 NORTH CAROLINA REGISTER May I, 1991 



136 



PROPOSED RULES 



leas e »«4 throughout the term ef a renewal lease. 
at the following rate: 

( 1) lor shellfish bottom leases and franchises, 
25 bushels per acre per year. 

(2) lor water column leases, 100 bushels per 
acre per year. 

these production and marketing rates will be 
averaged over the most recent three-year period 
after January' J_ following the second anniversary 
of initial bottom leases and recognized franchises 
and throughout the terms of renewal leases. For 
water column leases, these production and mar- 
keting rates will be averaged over the first five 
year period for initial leases and over the most 
recent three year period thereafter. 

(b) Action to terminate a shellfish franchise 
shall begin when there is reason to believe that 
the patentee, or those claiming under him, have 
done or omitted an act in violation of the terms 
and conditions on which the letters patent were 
granted, or have by any other means forfeited the 
interest acquired under the same. The Division 
shall investigate all such rights issued in 
perpetuity to determine whether the Secretary 
should request that the Attorney General initiate 
an action pursuant to G.S. 146-63 to vacate or 
annul the letters patent granted by the state. 

(c) In the event action to terminate a lease is 
begun, the owner shall be notified by registered 
mail and given a period of 30 days in which to 
correct the situation. Petitions to review the 
Secretary's decision must be filed with the Office 
of Administrative Hearings consistent with the 
provisions of 26 NCAC Chapter 3. 

(d) The Secretary's decision to terminate a lease 
may be appealed to the Marine Fisheries Com- 
mission by the owner as provided in G.S. 
113-202(p). 



Statutory Authority G.S. 113-134; 
113-202; 143B-289.4. 



113-201; 



.0209 TRANSFER OF INTEREST 

(a) Within 30 days after transfer of ownership 
of all or any portion of interest in a shellfish lease 
or franchise, the new owner shall notify the Di- 
vision, at the address givon t» 44A NCAC ^O 
.0202 (a+r and provide the number of the lease 
or franchise and the county in which it is located. 
Such notification shall be accompanied by a 
management plan prepared by the new owner in 
accordance with the standards m 15A NCAC 30 
.0202(44, [b]. 

(b) If the new owner obtains a portion of an 
existing shellfish bottom lease or franchise, it 
shall not contain less than one acre and the re- 
quired notification to the Division shall be ac- 
companied by a survey prepared in accordance 



with the standards in 15A NCAC 30 .0203 (e)r 
(dL 

(c) Water column leases are not transferrable 
except when the Commission approves such 
transfer in accordance with G.S. 1 13-202. 1(f) and 
G.S. 113-202.2(f). 

(d) (e) In the event the transferee involved in a 
lease is a nonresident, the Secretary must initiate 
termination proceedings. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 1/3-202; 113-205; I43B-289.4. 

.0210 SHELLFISH FRANCHISES 

(a) The resolution of claims filed under G.S. 
1 13-205 are is governed by standards in Depart- 
mental Rules 44A NCAC 4tt Sim e&4 mm? 
15A NCAC 1G .0200 and .0300. fe a t4ak» 
that- has boon recognized as a valid shellfish fran 
ohiso, Following receipt of notification that a 
claim has a valid chain of title, the owner shall 
provide to the Division within 90 days 

(44 a survey prepared in accordance with the 
standards in 15A NCAC 30 .0203 Hr aa4 (d). 
(-24 A management pteft prepared i» accordance 
wrth the standards » 4-SA NCAC 3Q .0202(d). 
Failure to provide the required survey within the 
time period specified will result in denial of the 
claim. 

(b) Acceptable management plans, prepared in 
accordance with the standards in 1 5 A NCAC 30 
.0202(b), shall be provided to the Division within 
30 days following formal recognition of a valid 
chain of title and at ten-year intervals lolloping 
acceptance? ef a management plan submitted » 
accordanc e with Subparagraph (a)(2) ef this 
Piule. thereafter. 

(c) The survey and management plan require- 
ments in Paragraphs (a) and (b) of this Rule, and 
all other requirements and conditions of this 
Section affecting management of franchises, shall 
apply to all valid shellfish franchises recognized 
prior to September 1, 1989. 

(d) Commercial production requirements for 
franchises shall be identical to that required for 
leases in 15A NCAC 30 .0201 (h4 (a)(2) aver- 
aged over the most recent three-year period after 
January 1 following the second anniversary of the 
dates of recognition of claims as valid shellfish 
franchises and continuing throughout the term 
of management plans required in Paragraph (b) 
of this Rule. Annual reporting of commercial 
production shall be submitted upon receipt of 
forms provided by the Division for that purpose. 



Statutory Authority G.S. 1/3-134; 
113-202; 1/3-205; 143B-289.4. 



113-201; 



137 



6:3 NORTH CAROLINA REGISTER May I, 1 99 1 



PROPOSED RULES 



SUBCHAPTER 3P - HEARING PROCEDURES 
AND PETITIONS 

.0003 PETITIONS FOR REGULATORY 
ACTIVITY 

(a) Any person(s) desiring to request the 
adoption, amendment, or repeal of a rule may 
make such request in a petition filed pursuant to 
G.S. 150B-16, addressed to the Marine Fisheries 
Commission, and mailed to the Division of Ma- 
rine Fisheries. Such petitions shall contain the 
following information: 

(1) A draft of the proposed rule or a summary 
of its intent. 

(2) Reasons for adoption of the proposed 
rule(s) and affect on existing rules and 
practices. 

(3) Name and address of the petitioner(s). 

(b) Petitions will be placed on the agenda for 
the next regularly scheduled Marine Fisheries 
Commission meeting if received at least four 
weeks prior to the meeting. The Fisheries Di- 
rector will prepare recommended responses to 
petitions for the Commission's consideration. 
Petitions will be considered in accordance with 
the requirements of G.S. 150B-16. 

Statutory Authority G.S. 113-134; 143B-289.6; 
1 SOB- 16. 

SUBCHAPTER 3Q - JURISDICTION OF 
AGENCIES: CLASSIFICATION OF WATERS 

SECTION .0100 - GENERAL REGULATIONS: 
JOINT 

.0107 SPECIAL RULES, JOINT WATERS 

In order to effectively manage all fisheries re- 
sources in joint waters and in order to confer 
enforcement powers on both fisheries enforce- 
ment officers and wildlife enforcement officers 
with respect to certain regulations, rules, the 
Marine Fisheries Commission and the Wildlife 
Resources Commission deem it necessary to 
adopt special regulations rules for joint waters. 
Such regulations rules supersede any inconsistent 
regulations rules of the Marine Fisheries Com- 
mission or the Wildlife Resources Commission 
that would otherwise be applicable in joint wa- 
ters under the provisions of 15A NCAC 3Q 
.0106: 

(1) Striped bass 

(a) It is unlawful to possess any striped bass 
or striped bass hybrid taken by any means 
which is less than 44 j_8 inches long (total 
length). 

(b) It is unlawful to possess more than three 
striped bass or striped bass hybrids taken 



by hook and line in any one day from 
joint waters. 

(c) It is unlawful to engage in net fishing for 
striped bass or striped bass hybrids in 
joint waters except as authorized by duly 
adopted rules of the Marine Fisheries 
Commission. 

(d) It is unlawful to possess striped bass or 

striped bass hybrids in the joint waters of 
Albemarle, Currituck, Roanoke, and 
Croatan Sounds and their tributaries, ex- 
cluding the Roanoke River, except during 
seasons as authorized by duly adopted 
rules of the Marine Fisheries Commis- 
sion. 

(e) It is unlawful to possess striped bass or 

striped bass hybrids in the joint waters of 
the Roanoke River and its tributaries in- 
cluding Cashie, Middle and Eastmost 
Rivers, except during seasons as author- 
ized by duly adopted rules of the Wildlife 
Resources Commission. 

(2) Lake Mattamuskeet 

(a) It is unlawful to set or attempt to set any 
gill net in Lake Mattamuskeet canals des- 
ignated as joint waters. 

(b) It is unlawful to use or attempt to use any 
trawl net or seines in Lake Mattamuskeet 
canals designated as joint waters. 

(3) Cape Fear River. It is unlawful to use or 
attempt to use any net or net stakes within 
800 feet of the dam at Lock No. 1 on the 
Cape Fear River. 

Statutory Authority G.S. 113-132; 113-134; 
143B-289.4. 

.0108 MANAGEMENT PLANS FOR STRIPED 
BASS IN JOINT WATERS 

In order to effectively manage the recreational 
hook and line harvest in joint waters of the 
Albemarle- Roanoke stock of striped bass, the 
Marine Fisheries Commission and the Wildlife 
Resources Commission deem it necessary to es- 
tablish two management areas for the joint wa- 
ters of the Albemarle Sound and the Roanoke 
River, along with their defined tributaries. The 
Wildlife Resources Commission shall have prin- 
cipal management responsibility for the stock 
when it is in the joint and inland fishing waters 
of the Roanoke River and its tributaries includ- 
ing Cashie, Middle, and Fastmost Rivers. The 
Marine Fisheries Commission shall have princi- 
pal management responsibility for the stock in 
the remaining waters of the Albemarle, 
Currituck, Roanoke and Croatan Sounds and 
their tributaries, including joint and inland wa- 
ters. The annual quota for recreational harvest 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



13S 



PROPOSED RULES 



of the Albemarle- Roanoke striped bass stock 
shall be divided equally between the two man- 
agement areas. Each Commission shall develop 
a management plan for recreational harvest 
within their respective management areas. The 
management plan plans shall: 

(1) Be consistent with the guidelines established 
in the Atlantic States Marine Fisheries 
Commission Plan for Striped Bass. 

f2} Allow fef harvoot throughout the yoar. 

(2) (5) Limit harvest to a one fish per person 
per day creel limit in areas for which no data 
collection program is ongoing. 

Statutory Authority G.S. 113-132; 113-134; 
143B-289.4. 

.0109 IMPLEMENTATION OF STRIPED BASS 
MGMT PLANS: RECREATIONAL 
FISHING 

The Marine Fisheries and Wildlife Resources 
Commissions shall implement their respective 
striped bass management plans for recreational 
fishing pursuant to their respective rule-making 
powers. To preserve jurisdictional authority of 
each Commission while establishing a means to 
implement their management plans, the Com- 
missions find it necessary to create a means 
through which management measures can be 
implemented by a single instrument in each 
management area. 

(1) In the Roanoke River and tributaries, the 
exclusive authority to open and close sea- 



sons and areas, whether inland or joint fish- 
ing waters » th» Roanoko Rivor a**4 it* 
tributaries, shall be vested in the Wildlife 
Resources Commission. The Wildlife Re- 
sources Commission shall initiate action to 
close the management area when 90 percent 
of the assigned quota has been taken. An 
instrument closing any management area in 
joint waters shall operate as and shall be a 
jointly issued instrument opening or closing 
seasons or areas to harvest in the Roanoke 
River management area. 
(2) In the Albemarle Sound management area, 
the exclusive authority to open and close 
seasons and areas, whether coastal or joint 
fishing waters shall be vested in the Marine 
Fisheries Commission. The Marine 

Fisheries Commission shall initiate action to 
close the management area when 90 percent 
of the assigned quota has been taken. In the 
Albemarle Sound management area admin- 
istered by the Marine Fisheries Commission, 
an instrument or action by the Marine 
Fisheries Commission affecting the harvest 
in joint and coastal waters, excluding the 
Roanoke River management area, shall au- 
tomatically be implemented and effective as 
a Wildlife Resources Commission action in 
the inland waters and tributaries to the wa- 
ters affected. 



Statutory A uthority 
113-182; 143B-289.4. 



G.S. 113-132; 113-134; 



SECriON .0200 - BOLNDARY LINES: COASTAL-JOINT-INLAND FISHING WATERS 

.0202 DESCRIPTIVE BOLNDARIES FOR COASTAL-JOINT-INLAND WATERS 

Descriptive boundaries for Coastal-Joint- Inland Waters referenced in 15A NCAC 3Q .0201 are as 
follows: 
(19) Onslow County: 

Beasleys (Barlow) Creek- — — - C 

Kings Creek - C 

Turkey Creek - -C 

Mill Creek - - C 

New River - - Inland Waters 

above, Coastal 
Waters below 
US 17 bridge at 
Jacksonville 

Wheeler Creek - - C 

Everett Creek - - C 

Stones Creek --- - - — --- C 

Muddv Creek - C 

Mill Creek - - - -C 

Lewis Creek - - - - - — C 

Southwest Creek — Inland Waters 

above. Coastal 
Waters below 



139 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



Maple Hill 
(Maple) Landing 

Brinson Creek - —I 

Northeast Creek Inland Waters 

above, Coastal 
Waters below 
railroad bridge 

Wallace Creek - Inland Waters 

above, Coastal 
Waters below 
the first bridge 
upstream from 
the mouth 

Codels Creek - - 1 

French Creek - - 1 

Duck Creek 1 

Freeman (Browns) Creek — - -- - --- C 

Bear Creek C 

Queens Creek - Inland Waters 

above, Coastal 
Waters below 
Frazier's Landing 

Parrotts Swamp— C 

White Oak River Inland Waters 

above, Coastal 
Waters below 
Grants Creek 

Stevens Creek - C 

Holland Mill (Mill Pond) Creek C 

Webbs Creek - — Inland Waters 

above, Coastal 
Waters below 
railroad bridge 

Freemans Creek -- - --- I 

Calebs Creek — - - - I 

Grant's Creek -- I 



Statutory Authority G.S. 113-132; 113-134; 143B-289.4. 



SUBCHAPTER 3R - DESCRIPTIVE 
BOUNDARIES 

.0001 SEA TURTLE SANCTUARY 

The sea turtle sanctuary referenced in 15A 
NCAC 31 .0007 is in the Atlantic Ocean adjacent 
to Onslow County enclosed by a line beginning 
at the easternmost end of Hammocks Beach 
(Bear Island) at 34° 38.4' N - 77° 07' W, and 
running southeastward 1,000 feet offshore toward 
the Bogue Inlet Bell Buoy (BW "BI"); thonco 
continuing toward the Boguo Inlet Beli Buoy 
(BW "BI"); thence continuing southwest 1,000 
feet offshore parallel with the ocean shoreline of 
Bear Island to a point 34° 37.1' N - 77° 10.1' W 
where said line intersects the northeastern edge 
of that restricted zone between Bear and Browns 
Inlets, designated as part of the Camp Lejeune 
restricted area; thence seaward along the bound- 



ary of this restricted zone to a point 34° 36.7' 
N - 77° 09.8' W, said point being about 3/4 mile 
157° M from the western end of Bear Island; 
thence from said point southwest across the re- 
stricted zone to a point 34° 35.1' N - 77° 13.2' 
W where said line intersects the southwestern 
boundary of the restricted zone, thence 
shoreward with the southwestern boundary of 
the restricted zone to a point off the mouth of 
Brown's Inlet 34° 35.6' N - 77° 13.6' W, said 
point being about 1,000 feet offshore of the 
western shore of Brown's Inlet; thence southwest 
parallel with the ocean shoreline 1,000 feet off- 
shore to a point 34° 34.7' N - 77° 15.1' W, said 
point being about 1,200 feet 151° M from the 
northernmost observation tower on Onslow 
Beach; thence running southeast 151° M to a 
point 34° 34.3' N - 77° 14.7' W, said point being 
about 3/4 mile offshore; thence running south- 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



140 



PROPOSED RULES 



west to the New River Inlet 
NR"); thence from said 



Bell Buoy (BW 
buoy to the 
southernmost tip of Onslow Beach 34° 31.9' N - 
77° 20.3' W. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-2S9.4. 

.0002 MILITARY RESTRICTED AREAS 

(a) Designated military restricted areas refer- 
enced in 15A NCAC 31 .0010(b) and used for 
military training purposes are located as follows: 

(1) Currituck Sound: 

(A) North Landing River; and 

(B) Northern part of Currituck Sound (See 
33 CFR 334.410 (a) (1) and (a) (2); Con- 
tact Commander Fleet Air Norfolk); 

(2) Albemarle Sound: 

(A) Along north shore at the easternmost 
tip of Harvey Point; and 

(B) Along south shore of Albemarle Sound 
(See 33 CFR 334.410 (b) (1) and (b) (2); 
Contact Commander Fleet Air Norfolk); 

(3) Pamlico Sound: 

(A) In the vicinity of Long Shoal (See 33 
CFR 334.410 (c); Contact Commander 
Fleet Air Norfolk); 

(B) In the vicinity of Brant Island (See 33 
CFR 334.420 (a) (1); Contact 
Commander Marine Corp Air Bases, 
East, Cherry Point); and 

(C) In the vicinity of Piney Island including 
waters of Rattan Bay, Cedar Bay and 
Turnagain Bay (See 33 CFR 334.420 (b); 
Contact Commander Marine Corps Air 
Bases, East, Cherry Point); 

(4) Neuse River and tributaries, that portion 
of Neuse River within 500 feet of the 
shore along the reservation of the Marine 
Corps Air Station, Cherry Point, North 
Carolina, extending from the mouth of 
Hancock Creek to a point approximately 
6,000 feet west of the mouth of Slocum 
Creek, and all waters of Hancock and 
Slocum Creeks and their tributaries within 
the boundaries of the reservations (See 33 
CFR 334.430 (a); contact Commanding 
General, United States Marine Corps Air 
Station, Cherry Point); 

(5) Atlantic Ocean: 

(A) In the vicinity of Bear Inlet; and 

(B) East of New River Inlet 

(See 33 CFR 334.440 (a) and (d); Contact 
Commanding General, Marine Corps 
Base, Camp Lejeune); 

(6) Brown's Inlet area between Bear Creek, 
Onslow Beach Bridge and the Atlantic 
Ocean (See 33 CFR 334.440 (e); Contact 



Commanding General, Marine Corps 
Base, Camp Lejeune); 

(7) New River within eight sections: 

(A) Trap Bay Sector, 

(B) Courthouse Bay Sector, 

(C) Stone Bay Sector, 

(D) Stone Creek Sector, 

(E) Grey Point Sector, 

(F) Farnell Bay Sector, 

(G) Morgan Bay Sector, and 
(H) Jacksonville Sector 

(See 33 CFR 334.440 (b)f (a^ Contact 
Commanding General, Marine Corps 
Base, Camp Lejeune); 

(8) Cape Fear River due west of the main ship 
channel extending from U.S. Coast Guard 
Buoy No. 31A at the north approach 
channel to Sunny Point Terminal to U.S. 
Coast Guard Buoy No. 23A at the south 
approach channel to Sunny Point Army 
Terminal and all waters of its tributaries 
therein (See 33 CFR 334.450 (a); Contact 
Commander, Sunny Point Area Terminal, 
Southport). 

(b) The areas included in the advisory against 
the use of fixed fishing gear at the Piney Island 
range, as referenced in 15A NCAC 31 .0010(d) is 
Rattan Bav southeast of a line beginning at a 
point 35° 02' 41" N - 76° 29' 00" W, running 027° 
(M) to a point 35° 03' 28" N - 76° 28' 42" W, 
and include all of Rattan Bay which is within the 
Piney Island military range in southern Pamlico 
Sound. 

Statutory Authority G.S. 113-134; 113-1S1; 
113-182; I43B-289.4. 

.0003 PRIMARY NURSERY AREAS 

The primary nursery areas referenced in 15A 
NCAC 3N .0004 are delineated in the following 
coastal water areas: 
(1) In the Roanoke Sound Area. 

(a) Shallowbag Bay: 

(i) Dough Creek, northwest of a line be- 
ginning at a point on the east shore 35° 
54' 28" N - 75° 40' 00" W; running 242° 
(M) to a point on the west shore 35° 54' 
19" N- 75° 40'09"W; 

(ii) Scarborough Creek, all waters south of 
a line beginning at a point on the east 
shore 35° 54' 00" N - 75° 39' 33" W; 
running 246° (M) to a point on the west 
shore 35° 53' 59" N - 75° 39' 36" W. 

(b) Broad Creek, north of a line beginning at 
a point on the east shore 35° 52' 24" N — 
75° 38' 26" W; running 306° (M) to a 
point on the west shore 35° 52' 22" N -- 
75° 38' 30" W. 



141 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



(2) In the Northern Pamlico Sound Area. 

(a) Long Shoal River: 

(i) Long Shoal River, west of a line begin- 
ning at a point on the north shore 35° 38' 
00" N -- 75° 52' 57" W; running 208° (M) 
to a point on the south shore 35° 37' 47" 
N -- 75° 53' 03" W; 

(ii) Deep Creek, east of a line beginning at 
a point on the north shore 35° 37' 50" N 
-- 75° 52' 14" W; running 204° (M) to a 
point on the south shore 35° 37' 38" N — 
75° 52' 18" W; 

(iii) Broad Creek, west of a line beginning 
at a point on the north shore 35° 35' 57" 
N -- 75° 53' 42" W; running 209° (M) to 
a point on the south shore 35° 35' 46" N 
-- 75° 53' 49" W; 

(iv) Muddy Creek, east of a line beginning 
at a point on the north shore 35° 36' 24" 
N -- 75° 52' 08" W; running 181° (M) to 
a point on the south shore 35° 36' 15" N 
-- 75° 52' 10" W; 

(v) Pains Bay, north of a line beginning at 
a point on the west shore 35° 35' 26" N 
-- 75° 49' 12". VV; running 097° (M) to a 
point on the east shore 35° 35' 26" N — 
75° 48' 50" W; 

(vi) Otter Creek, southwest of a line begin- 
ning at a point on the east shore 35° 33' 
07" N - 75° 55' 00" W; running 277° (M) 
to a point on the west shore 35° 33' 07" 
N - 75° 55' 15" W; 

(vii) Clark Creek, northeast of a line begin- 
ning at a point on the north shore 33° 35' 
45" N - 75° 51' 30" W; running 158° (M) 
to a point on the south shore 35° 35' 46" 
N - 75° 51' 28" W; 

(b) Far Creek, east of a line beginning at a 
point on Gibbs Point 35° 30' 06" N — 
75° 57' 46" W; running 007° (M) to a 
point on the east shore 35° 30' 53" N — 
75° 57' 46" W; 

(c) Middletown Creek, west of a line begin- 
ning at a point on the north shore 35° 28' 
26" N - 75° 59' 55" W; running 097° (M) 
to a point on the south shore 35° 28' 06" 
N - 75° 59' 55" W; 

(d) Wysocking Bay: 

(i) Lone Tree Creek, east of a. line beginning 
at a point on the south shore 35° 25' 06" 
N - 76° 02' 06" W; running 342° (M) to 
a point on the north shore 35° 25' 33" N 
- 76° 02' 18" W; 

(ii) Wysocking Bay, north of a line begin- 
ning at a point on the east shore 35° 25' 
55 " N - 76° 02' 58" W; running 265° (M) 
to a point on the west shore 35° 25' 44" 
N - 76° 03' 33" W; 



(iii) Douglas Bay, northwest of a line be- 
ginning at a point on Mackey Point 35° 
25' 11" N - 76° 03' 14" W; running 229° 
(M) to a point on the south shore 35° 24' 
50" N - 76° 03' 42" W; 

(iv) Tributaries west of Brown Island, west 
of a line beginning at a point on the north 
shore of Brown Island 35° 24' 10" N - 76° 
04' 24" W; running 007° (M) to a point 
35° 24' 24" N - 76° 04' 24" VV; and north 
of a line beginning at a point on the most 
southern point of Brown Island 35° 23' 
51" N - 76° 04' 32" W; running 277° (M) 
to a point on the west shore 35° 23' 51" 
N - 76° 04' 48" W; 

(e) East Bluff Bay, Harbor Creek east of a line 
beginning at a point on the south shore 
35° 21' 25" N - 76° 07' 48" W; running 
323° (M) to a point on the north shore 
35° 21' 31" N -76° 07' 56" W; 

(f) Cunning Harbor tributaries, north of a line 

beginning at a point on the east shore 35° 
20^40" N - 76° 12' 15" W; running 280° 
(\1) to a point on the west shore 35° 20' 
42" N - 76° 12' 37" VV; 

(g) Juniper Bay: 

(i) Lpper Juniper Bay, north of a line be- 
ginning at a point on the east shore 35° 
23' 09" N - 76° 15' 00" W; running 277° 
(M) to a point on the west shore 35° 23' 
09" N - 76° 15' 12" W; 

(ii) Rattlesnake Creek, west of a line be- 
ginning at a point on the north shore 35° 
22' 55" N - 76° 15' 19" W, running 211° 
(M) to a point on the south shore 35° 22' 
50" N - 76° 15' 21" W; 

(iii) Buck Creek, east of a line beginning at 
a point on the south shore 35° 21' 22" N 
- 76° 13' 46" W; running 328° (M) to a 
point on the north shore 35° 21' 29" N - 
76° 13' 54" VV; 

(iv) Laurel Creek, east of a line beginning 
at a point on the north shore 35° 20' 38" 
N - 76° 13' 21" VV; running 170° (M) to a 
point on the south shore 35° 20' 36" N - 
76° 13' 22" W; 

(v) Old Haulover, west of a line beginning 
on the south shore 35° 21' 58" N -^76° 15^ 
36" VV; running 008° (M) to a point on the 
north shore 35° 22' 05" X - 76° 15' 35" 
VV; 
(h) Swanquarter Bay: 

(i) Lpper Swanquarter Bay, north of a line 
beginning on the east shore and running 
270° (M) through Day Marker No. 7 to 
the west shore; 

(ii) Oyster Creek, east of a line beginning 
at a point on the north shore 35° 23' 06" 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



142 



PROPOSED RULES 



N - 76° 18' 58" W; running 187° (M) to 
a point on the south shore 35° 22' 00" N 

- 76° 18' 58" W; 
(iii) Caffee Bay: 

(A) Unnamed tributary, north of a line 
beginning at a point on the west shore 
35° 22' 09" N - 76° 18' 52" VV; running 
111° (M) to a point on the east shore 
35° 22' 06" N - 76° 18' 45" W; 

(B) Unnamed tributary, north of a line 
beginning at a point on the east shore 
35° 22' 05" N - 76° 18' 12" W; running 
288° (M) to a point on the west shore 
35° 22'09"N - 76° 18'28"W; 

(C) Upper Caffee Bay (Haulover), east 
of a lme beginning at a point on the 
south shore 35° 21' 43" N - 76° 17' 25" 
W; running 330° (M) to a point on the 
north shore 35° 21' 52" N - 76° 17' 26" 
\V. 

(i) Rose Bay: 

(i) Rose Bay, north of a line beginning at 
a point on Watch Point 35° 26' 52" N -- 
76° 25' 02" W; running 272° (M) to 
Channel Marker No. 6; thence 248° (M) 
to a point on the west shore 35° 26' 40" 
N -- 76° 25' 30" W; 

(ii) Island Point Creek, west of a line be- 
ginning at a point on the north shore 35° 
25' 59" N - 76° 25' 06" W; running 154° 
(M) to a point on the south shore 35° 25' 
54 N - 76° 25' 00" W; 

(iii) Tooley Creek, west of a line beginning 
on the north shore 35° 25' 26" N -- 76° 
25' 30" VV; running 187° (M) to a point 
on the south shore 35° 25' 09" N - 76° 
25' 30" W; 

(iv) Broad Creek, east of a line beginning 
at a point on the south shore 35° 23' 54" 
N - 76° 23' 34" VV; running 023° (M) to a 
point 35° 24' 15" N - 76° 26' 10" W; 
thence 080° (M) to a point 35° 24' 18" N 

- 76 : 25' 57" W; 

(v) Lightwood Snag Bay, west and north 
of a line beginning at a point on the south 
shore 35° 23' 54" N - 76° 26' 18" W run- 
ning 023° (M) to a point 35° 24' 15" N - 
76° 26' 10" W; thence 080° (M) to a point 
35° 24' 18" N - 76° 25' 57" W; 

(vi) Deep Bay: 

(A) Old Haulover, north of a line begin- 
ning at a point on the west shore 35° 
23' 09" N - 76° 22' 52" VV; running 101° 
(M) to a point on the east shore 35° 23' 
09" N - 76° 22' 46" W; 

(B) Drum Cove (Stinking Creek), south 
of a line beginning at a point on the 
west shore 35= 22' 32" N - 76° 24' 44" 



VV; running 122° (M) to a point on the 
east shore 35° 22' 26" N - 76° 24' 28" 
VV; 
(vii) Eastern tributaries (Cedar Hammock 
and Long Creek), east of a line beginning 
at a point on the north shore 35° 24' 53" 
N - 76° 23' 12" VV; running 206° (M) to a 
point on the south shore 35° 24' 39" N - 
76° 23' 18" VV; 
(j) Spencer Bay: 

(i) Germantown Bay: 

(A) Ditch Creek, west of a line beginning 
at a point on the north shore 35° 24' 
11" N - 76° 27' 54" VV; running 224° 
(M) to a point on the south shore 35° 
24' 05" N - 76° 27' 59" VV; 

(B) Jenette Creek, west of a line begin- 
ning at a point on the north shore 35° 
24' 30" N - 76° 27' 40" VV; running 204° 
(M) to a point on the south shore 35° 
24' 25" N - 76° 27' 40" VV; 

(C) Headwaters at northeast of a line 
beginning at a point on the northwest 
shore 35° 24' 50" N - 76° 27' 16" VV; 
running 158° (M) to a point on the 
southeast shore 35° 24' 30" N - 76° 27' 
11" VV; 

(D) Swan Creek, southeast of a line be- 
ginning at a point on the north shore 
35° 24' 30" N - 76° 27' 11" VV; running 
234° (M) to a point on the south shore 
35° 24' 24" N - 76° 27' 17" VV; 

(ii) Unnamed western tributary, west of a 
line beginning at a point on the south 
shore 35° 22' 48" N - 76° 28' 19" VV; 
running 356° (M) to a point on the north 
shore 35° 22' 59" N - 76° 28' 21" VV; 

(iii) Unnamed tributary, west of a line be- 
ginning on the south shore 35° 23' 04" 
N - 76° 28' 36" VV; running 016° (M) to a 
point on the north shore 35° 23' 08" N - 
76° 28' 35" VV; 

(iv) Unnamed tributary', west of a line be- 
ginning at a point on the south shore 35° 
23' 21" N - 76° 28' 37" VV; running 306° 
(M) to a point on the north shore 35° 23' 
25" N - 76° 28' 46" VV; 

(v) Unnamed tributaries, northwest of a line 
beginning at a point on the north shore 
35° 23' 45" N - 76° 28' 38" VV; running 
231° (M) to a point on the south shore 
35° 23' 30" N - 76° 28' 48" VV; 

(vi) Upper Spencer Bay, northwest of a line 
beginning at a point on the south shore 
35° 24' 00" N - 76° 28' 48" VV; running 
028° (M) to a point on the north shore 
35° 24' 23" N - 76° 28' 36" VV; 



143 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



(vii) Swan Creek, east of a line beginning 
at a point on the south shore 35° 23' 51" 
N - 76° 27' 26" W; running 018° (M) to a 
point on the north shore 35° 24' 02" N - 
76° 27' 25" W; 

(k) Long Creek, north of a line beginning at 
a point on the west shore 35° 22' 26" N - 
76° 29' 00" W; running 119° (M) to a 
point on the east shore 35° 22' 21" N - 76° 
28' 49" W; 

(1) Willow Creek, east of a line beginning at 
a point on the north shore 35° 23' 06" N 

- 76° 28' 54" W; running 137° (M) to a 
point on the south shore 35° 23' 01" N - 
76° 28' 45" W; 

(m) Abels Bay, above a line beginning at a 
point on the west shore 35° 24' 04" N - 
76° 30' 24" W; running 132° (M) to a 
point on the east shore 35° 23' 57" N -- 
76° 30' 09" W; thence 204° (M) to a point 
on the south shore 35° 23' 40" N -- 76° 
30' 14" W; 

(n) Crooked Creek, north of a line beginning 
at a point on the east shore 35° 24' 21" N 

- 76° 32' 04" W; running 282° (M) to a 
point on the west shore 35° 24' 27" N - 
76° 32' 14" W. 

(3) In the Pungo River Area, 
(a) Fortescue Creek: 

(i) Headwaters of Fortescue Creek, south- 
east of a line beginning at a point on the 
southwest shore 35° 25' 26" N -- 76° 30' 
42" W; running 060° (M) to a point on 
the northeast shore 35° 25' 30" N - 76° 
30' 33" W; 

(ii) Warner Creek, north of a line from a 
point on the east shore 35° 26' 18" N — 
76° 31' 30" W; running 262° (M) to a 
point on the west shore 35° 26' 16" N — 
76° 31' 36" W; 

(iii) Island Creek, north of a line beginning 
at a point on the west shore 35° 26' 04" 
N -- 76° 32' 22" W; running 093° (M) to 
a point on the east shore 35° 26' 06" N -- 
76° 32' 18" W; 

(iv) Dixon Creek, south of a line beginning 
at a point above Lupton Point 35° 25' 34" 
N -- 76° 31' 54" W; running 279° (M) to 
a point on the west shore 35° 25' 35" N 

- 76° 31' 44" W; 

(v) Pasture Creek, north of a line beginning 
at a point on the east shore 35° 26' 00" N 

- 76° 31' 54" W; running 277° (M) to a 
point above Pasture Point 35° 26' 00" N 

- 76° 31' 57" W; 

(vi) /Ml tributaries on the northeast shore 
of lower Fortescue Creek, northeast of a 
line beginning at a point 35° 26' 05" N — 



76° 21' 12" W; running 135° (M) to a 
point 35° 25' 36" N -- 76° 30' 36" W; 

(b) Slade Creek: 

(i) Slade Creek, south of a line beginning 
at a point above Jones Creek 35° 27' 56" 
N - 76° 30' 44" W; running 102° (M) to 
a point on the north shore 35° 27' 54" N 
-- 76° 30' 33" W; 

(ii) Jarvis Creek, northeast of a line begin- 
ning at a point on the southeastern shore 
35° 28' 14" N - 76° 30' 51" W; running 
325° (M) to a point 35° 28' 15" N - 76° 
30' 56" W; 

(iii) Jones Creek, south of a line beginning 
at a point on the east shore 35° 27' 56" N 

- 76° 30' 53" W; running 331° (M) to a 
point on the west shore 35° 28' 00" N -- 
76° 30' 57" W; 

(iv) Becky Creek, north of a line beginning 
at a point on the east shore 35° 28' 42" N 

- 76° 31' 37" W; running 277° (M) to a 
point on the west shore 35° 28' 42" N — 
76° 31'40"W; 

(v) Neal Creek, north of a line beginning 
at a point on the east shore 35° 28' 49" N 

- 76° 31' 49" W; running 275° (M) to a 
point on the west shore 35° 28' 48" N — 
76° 31' 54" W; 

(vi) Wood Creek, north of a line beginning 
at a point on the east shore 35° 28' 38" N 

- 76° 32' 22" W; running 277° (M) to a 
point on the west shore 35° 28' 38" N - 
76° 32' 30" W; 

(vii) Spellman Creek, north of a line begin- 
ning at a point on the east shore 35° 28' 
14" N - 76° 32' 42" W; running 215° (M) 
to a point on the west shore 35° 28' 13" 
N - 76° 32' 44" W; 

(viii) Speer Creek, east of a line beginning 
at a point on the north shore 35° 27' 58" 
N - 76° 32' 24" W; running 207° (M) to 
a point on the south shore 35° 27' 55" N 

- 76° 32' 24" W; 

(ix) Church Creek and Speer Gut, east of a 
line beginning at a point on the northeast 
shore 35° 27' 35" N - 76° 32' 46" W; 
running 228° (M) to a point on the 
southwest shore 35° 27' 33" N - 76° 32' 
52" W; 

(x) Allison and Foeman Creek, south of a 
line beginning at a point on Parmalee 
Point 35° 27' 15" N - 76° 33' 07" W; 
running 286° (M) to a point on the 
southwest shore 35° 27' 18" N - 76° 33' 
12" W; 

(c) Flax Pond, west of a line beginning at a 
point on the south shore 35° 31' 52" N - 
76° 33' 15" W; running 009° (M) to a 



6:3 NORTH CAROLINA REGISTER May I, 1 99 1 



144 



PROPOSED RULES 



point on the north shore 35° 31' 56" N - 
76° 33' 15" W; 

(d) Battalina and Tooleys Creeks, northwest 
of a line beginning at a point on the north 
shore 35° 32' 21" N - 76° 36' 12" W; run- 
ning 226° (M) to a point on the south 
shore 35° 32' 02" N - 76° 36' 24" W; 

(4) In the Pamlico River Area. 

(a) North Creek: 

(i) North Creek, north of a line beginning 
at a point on the west shore 35° 25' 35" 
N - 76° 40' 06" W; running 048° (M) to 
a point on the east shore 35° 25' 40" N — 
76° 40' 01" W; 

(ii) East Fork: 

(A) Northeast of a line beginning at a 
point on the northwest shore 35° 25' 
48" N - 76° 39' 04" W; running 144° 
(M) to a point on the southeast shore 
35° 25' 43" N -- 76° 39' 00" W; 

(B) Unnamed tributary of East Fork 
northwest of a line beginning at a point 
on the north shore 35° 25' 41" N - 76° 
39' 28" W; running 215° (M) to a point 
on the south shore 35° 25' 37" N - 76° 
39' 30" W; 

(iii) Frying Pan Creek, east of a line begin- 
ning at a point on Chambers Point 35° 
24' 51" N - 76° 39' 48" W; running 051° 
(M) to a point on the north shore 35° 25' 
00" N - 76° 39' 33" W; 

(iv) Little East Creek, west of a line begin- 
ning at a point on Cousin Point 35° 25' 
00" N - 76° 40' 26" W; running 028° (M) 
to a point on the north shore 35° 25' 08" 
N - 76° 40' 22" W; 

(b) Goose Creek: 

(i) Creek north of Bostic Point, west of a 
line beginning at a point on the north 
shore 35° 19' 57" N - 76° 37' 37" W; 
running 179° (M) to a point on the south 
shore 35° 19' 54" N - 76° 37' 34" W; 

(ii) Upper Spring Creek: 

(A) Headwaters of Upper Spring Creek, 
east of a line beginning at a point on the 
north shore 35° 16' 20" N - 76° 35' 56" 
W; running 139° (M) to a point on the 
south shore 35° 16' 14" N - 76° 35' 48" 
W; 

(B) Unnamed tributary, north of a line 
beginning at a point on the west shore 
35° 16' 50" N - 76° 36' 27" W; running 
099° (M) to a point on the east shore 
35° 16' 50" N - 76° 36' 24" W; 

(iii) Eastham Creek: 

(A) Slade landing Creek, south of a line 
beginning at a point on the west shore 
35° 17' 32" N - 76° 35' 59" W; running 



139° (M) to a point on the east shore 
35° 17'29"N- 76° 35' 54" W; 
(B) Mallard Creek, north of a line be- 
ginning at a point on the west shore 35° 
17' 49" N - 76° 36' 09" W; running 
122° (M) to a point on the east shore 
35° 17' 47" N - 76° 36' 04" W; 
(iv) Mud Gut, north and east of a line be- 
ginning at a point on the south shore 35° 
17' 48" N - 76° 36' 46" W; running 349° 
(VI) to a point on the north shore 35° 17' 
52" N - 76° 36' 48" W; 
(v) Wilkerson Creek, east of a line begin- 
ning at a point on the south shore 35° 18' 
20" N - 76° 36' 44" W; running 025° (M) 
to a point on the north shore 35° 18' 23" 
N - 76° 36' 45" W; 
(vi) Dixon Creek, east of a line beginning 
at a point on the north shore 35° 18' 53" 
N - 76° 36' 37" W; running 205° (M) to 
a point on the south shore 35° 18' 37" N 
- 76° 36' 42" W; 
(c) Oyster Creek; Middle Prong: 
(i) Oyster Creek: 

(A) West of a line beginning at a point 
on the north shore 35° 19' 29" N - 76° 
34' 02" W; running 166° (M) to a point 
on the south shore 35° 19' 25" N - 76= 
34' 00" W; 

(B) Duck Creek, south of a line begin- 
ning at a point on the west shore 35° 
19' 06" N - 76° 33' 18" \V; running 
055° (M) to a point on the east shore 
35° 19' 10" N - 76° 33' 12" W; 

(ii) James Creek, southwest of a line be- 
ginning at a point on the north shore 35° 
18' 36" N - 76° 32' 20" W; running 136° 
(M) to a point on the southeast shore 35° 
18' 28" N - 76° 32' 05" W; 

(iii) Middle Prong, south of a line beginning 
at a point on the west shore 35° 17' 50" 
N - 76° 32' 06" W; running 141° (M) to 
a point on the east shore 35° 17' 43" N -- 
76° 31' 57" W; 

(iv) Clark Creek: 

(A) Headwaters of Clark Creek, south- 
east of a line beginning at a point on the 
southwest shore 35° 18' 06" N - 76° 31' 
12" W; running 056° (M) to a point on 
the northeast shore 35° 18' 12" N - 76° 
31'06"W; 

(B) Boat Creek, east of a line beginning 
at a point of the south shore 35° 18' 24" 
N - 76° 31' 16" W; running 358° (M) to 
a point on the north shore 35° 18' 32" 
N - 76° 31' 18" W; 

fv} Clark Crook, southeast e£ a few bo gin 






shore* ^ 



145 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



±%.(^>l-J&3r^^Wi running 056°- 
£M) te a point »» the northeast shoro ^5°- 

(5) In the Western Pamlico Sound Area. 

(a) Mouse Harbor: 

(i) Long Creek, north of a line beginning 
at a point on the west shore 35° 18' 26" 
N -- 76° 29' 48" W; running 070° (M) to 
a point on the east shore 35° 18' 30" N — 
76° 29' 37" W; 

(ii) Small tributary east of Long Creek, 
northeast of a line beginning at a point on 
the west shore 35° 18' 31" N -- 76° 29' 13" 
W; running 137° (M) to a point on the 
east shore 35° 18' 28" N -- 76° 29' 10" W; 

(iii) Cedar Creek and adjacent tributary, 
south of a line beginning at a point on the 
west shore 35° 16' 54" N -- 76° 29' 53" 
W; running 136° (M) to a point on the 
east shore 35° 16' 39" N - 76° 29' 31" W; 

(b) Big Porpoise Bay, west of a line beginning 
at a point on the north shore 35° 15' 44" 
N - 76° 29' 29" W; running 154° (M) to 
a point on the south shore 35° 15' 38" N 
- 76° 29' 22" W; 

(c) Middle Bay, west of a line beginning at a 
point on the south shore 35° 14' 22" N — 
76° 31' 14" W; running 055° (M) to a 
point on the north shore 35° 14' 36" N -- 
76° 30' 50" W; 

Little Oyster Creek, north of a line begin- 
ning at a point on the west shore 35° 14' 
28" N -- 76° 30' 14" W; running 074° (M) 
to a point on the east shore 35° 14' 35" 
N -- 76° 29' 59" W; 

(d) Jones Bay, west of the IWW: 

(i) Little Drum Creek/Little Eve Creek, two 
small tributaries on the south shore at the 
mouth of Jones Bay, south of a line be- 
ginning at a point on the west shore 35° 
12' 26" N - 76° 31' 46" W; running 104° 
(M) to a point on the east shore 35° 12' 
20" N- 76° 31' 16" W; 

(ii) Ditch Creek, south of a line beginning 
at a point on the west shore 35° 13' 21" 
N - 76° 33' 40" W; running 115° (M) to 
a point on the east shore 35° 13' 14" N -- 
76° 33' 14" W; 

(iii) Lambert Creek, west of a line beginning 
at a point on the south shore 35° 13' 49" 
N - 76° 34' 20" W; running 016° (M) to a 
point on the north shore 35° 13' 50" N - 
76° 34' 19" W; 

(iv) Headwaters of Jones Bay, (west of the 
IWW), west of a line beginning at a point 
on the south shore 35° 14' 25" N - 76° 
35' 26" W; running 009° (M) to a point 



on the north shore at 35° 14' 28" N - 76° 
35' 26" W; 

(v) Bills Creek, north of a line beginning at 
a point on the west shore 35° 14' 29" N - 
76° 34' 47" W; running 150° (M) to a 
point on the east shore 35° 14' 26" N - 76° 
34' 43" W; 

(vi) Doll Creek, north of a line beginning 
at a point on the west shore 35° 14' 20" 
N - 76° 34' 14" W; running 129° (M) to 
a point on the east shore 35° 14' 15" N -- 
76° 34' 04" W; 

(vii) Drum Creek, north of a line beginning 
at a point on the west shore 35° 14' 10" 
N - 76° 33' 17" W; running 116° (M) to 
a point on the east shore 35° 14' 08" N — 
76° 33' 05" W. 
(6) In the Bay River Area: 

(a) Mason Creek, southeast of a line begin- 
ning at a point on the southwest shore 35° 
08' 10" N - 76° 41' 39" W; running 041° 
(M) to a point on the east shore 35° 08' 
15" N - 76° 41' 34" W; 

(b) Moore Creek, southeast of a line begin- 
ning at a point -on the southwest shore 35° 
08' 52" N - 76° 40' 18" W; running 032° 
(M) to a point on the north shore 35° 08' 
58" N - 76° 40' 15" W; 

(c) Small tributaries from Bell Point to Ball 
Creek, southwest of a line beginning at a 
point on the northwest shore 35° 09' 57" 
N - 76° 39' 26" W; running 128° (M) to 
a point on the southeast shore 35° 09' 45" 
N - 76° 38' 54" W; 

(d) Ball Creek-Cabin Creek, south of a line 
beginning at a point on the west shore 35° 
09' 39" N - 76° 38' 01" W; running 116° 
(M) to a point on the east shore 35° 09' 
34" N - 76° 37' 38" W; 

(e) Bonner Bay: 

(i) Riggs Creek, west of a line beginning at 
a point on the north shore 35° 09' 24" N 

- 76° 36' 15" W; running 156° (M) to a 
point on the south shore 35° 09' 13" N — 
76° 36' 07" W; 

(ii) Spring Creek, west of a line beginning 
at a point on the north shore 35° 08' 29" 
N - 76° 36' 13" W; running 165° (M) to 
a point on the south shore 35° 08' 20" N 

- 76° 36' 07" W; 

(iii) Bryan Creek, south of a line beginning 
at a point on the west shore 35° 08' 22" 
N - 76° 35' 53" W; running 069° (M) to 
a point on the east shore 35° 08' 25" N — 
76° 35' 43" W; 

(iv) Dipping Vat Creek, east of a line be- 
ginning at a point on the north shore 35° 
09' 17" N - 76° 34' 21" W; running 164° 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



146 



PROPOSED RULES 



CSV) to a point on the south shore 35° 09' 
09" N -- 76° 34' 18" W; 

(v) Long Creek, south of a line beginning 
at a point on the west shore 35° 08' 12" 
N -- 76° 34' 38" W; running 098° (M) to 
a point on the east shore 33 d 08' 12" N — 
76° 34' 30" W; 

(vi) Small tributary off Long Creek, west 
of a line beginning at a point on the north 
shore 35° 08' 30" N -- 76° 34' 42" W; 
running 164° (M) to a point on the south 
shore 35° 08' 24" N -- 76° 34' 38" W; 

(f) Rock Hole Bay, northeast of a line begin- 
ning at a point on the west shore 35° 11' 
39" N -- 76° 32' 36" W; running 150° (M) 
to a point on the east shore 35° 11' 16" 
N -- 76° 32' 15" W; 

(g) Dump Creek, north of a line beginning at 
a point on the west shore 35° 1 1 ' 42" N 
- 76° 33' 27" W; running 057° (M) to a 
point on the east shore 35° 11' 48" N -- 
76° 33' 20" W; 

(h) Tributaries east of [WW at Gales Creek, 
east of a line beginning at a point on the 
north shore of the northern tributary 35° 
12' 54" N - 76° 35' 29" W; running 158° 
(M) to a point on the south shore of the 
southern tributary 35° 12' 22" N -- 76° 35' 
06" W; 

(i) Gales Creek and adjacent tributary, west 
of a line beginning at a point on the north 
shore of Gales Creek 35° 12' 55" N -- 76° 
35' 46" W; running 160° (M) to a point 
on the south shore of adjacent creek 35° 
12' 27" N -- 76° 35' 25" W; 

(j) Chadwick Creek and No Jacket Creek, 
north of a line beginning at a point on the 
west shore 35° IT 58" N -- 76° 35' 56" 
W; running 079° (M) to a point on the 
east shore 35° 12' 04" N -- 76° 35' 33" W; 

(k) Bear Creek, north of a line beginning at a 
point on the west shore 35° 11' 35" N -- 
76° 36' 22" W; running 037° (M) to a 
point on the east shore 35° 11' 44" N -- 
76° 36' 15" W; 

(1) Little Bear Creek, north of a line beginning 
at a point on the west shore 35° 11' 06" 
N - 76° 36' 20" W; running 045° (M) to 
a point on the east shore 35° 1 1' 16" N -- 
76° 36' 07" W; 

(m) All small tributaries to Bay River from 
Petty Point to Sanders Point, closed at 
mouth; 

(n) In Yandemere Creek: 

(i) Cedar Creek, north of a line beginning 
at a point on the west shore 35° 11 13 
N - 76° 39' 36" W; running 078° (M) to a 



point on the east shore 35° 11' 14" N - 76° 
39' 33" W; 
(ii) Long Creek, east of a line beginning at 
a point on the north shore 35° 1 V 27" N 

- 76° 38' 49" W; running 177° (M) to a 
point on the south shore 35° 11' 23" N - 
76° 38' 48" W; 

(iii) Little Vandemere Creek, north of a line 
beginning at a point on the west shore 35° 
12' 07" N - 76° 39' 17" W; running 120° 
(M) to a point on the east shore 35° 12' 
06" W - 76° 39' 14" W; 

(o) Smith Creek, north of a line beginning at 
a point on the west shore 35° 10' 23" N 
-- 76° 40' 15" W; running 054° (M) to a 
point on the east shore 35° 10' 27" N -- 
76° 40' 13" W; 

(p) Harper Creek, west of a line beginning at 
a point on the south shore 35° 09' 09" N 
-- 76° 41' 54" W; running 024° (M) to a 
point on the north shore 35° 09' 15" N - 
76° 41' 51" W; 

(q) Chapel Creek, north of a line beginning 
at a point on the west shore 35° 08' 56" 
N - 76° 42' 52" W; running 076° (M) to 
a point on the east shore 35° 08' 58" N -- 
76° 42' 48" W; 

(r) Swindell Bay, south of a line beginning at 
a point on the west shore 35° 08' 16" N 
-- 76° 42' 57" W; running 135° (M) to a 
point on the east shore 35° 08' 13" N — 
76° 42' 50" W. 

(7) In the Neuse River Area North Shore. 

(a) Swan Creek, west of a line beginning at a 
point on the north shore 35° 06' 46" N — 
76° 33' 41" \V; running 042° (M) to a 
point on the south shore 35° 06' 18" N — 
76° 34' 02" W; 

(b) Broad Creek: 

(i) Greens Creek, east of a line beginning 
at a point on the north shore 35° 06' 05" 
N - 76° 35' 28" W; running 154° (M) to 
a point on the south shore 35° 06' 00" N 
-- 76° 35' 24" W; 

(ii) Pittman Creek, north of a line beginning 
at a point on the west shore 35° 05' 48' 
N -- 76° 36' 10" W; running 068° (M) to 
a point on the east shore 35° 05' 54" N -- 
76° 36' 02" W; 

(iii) Burton Creek, west of a line beginning 
at a point on the south shore 35° 05' 37" 
N - 76° 36' 32" \V; running 034° (M) to 
a point on the north shore 35° 05' 43" N 

- 76° 36' 30" W; 

(iv) All small tributaries on the north shore 
of Broad Creek, north of a line beginning 
at a point on the west shore of the western 
most tributary ii° 05' 38" N -- 76° 37' 



ir 



6:3 NORTH CAROLINA REGISTER May 1, 1 99 1 



PROPOSED RULES 



49" W; running 109° (M) to a point on the 
east shore of the eastern most tributary 
35° 05' 27" N -- 76° 36' 47" W; 

(v) Brown Creek, northwest of a line be- 
ginning at a point on the southwest shore 
35° 05' 30" N -- 76° 37' 51" W; running 
032° (M) to a point on the northeast 
shore 35° 05' 37" N -- 76° 37' 48" W; 

(vi) Broad Creek including Gideon Creek, 
west of a line beginning at a point on the 
south shore 35° 05' 18" N -- 76° 37' 49" 
W; running 013° (M) to a point on the 
north shore 35° 05' 30" N -- 76° 37' 51" 
W; 

(vii) Tar Creek, south of a line beginning 
at a point on the west shore 35° 05' 15" 
N -- 76° 37' 36" W; running 097° (M) to 
a point on the east shore 35° 05' 15" N -- 
76° 37' 30" W; 

(viii) Small tributaries east of Tar Creek, 
south of a line beginning at a point on the 
west shore of the western tributary 35° 05' 
18" N -- 76° 37' 03" W; running 106° (M) 
to a point on the east shore of the eastern 
tributary 35° 05' 14" N -- 76° 36' 27" W; 

(ix) Mill Creek and Cedar Creek, south of 
a line beginning at a point on the west 
shore of Mill Creek 35° 05' 26" N -- 76° 
36' 02" W; running 109° (M) to a point 
on the east shore of the eastern tributary 
35° 05' 22" N -- 76° 35' 36" W; 

(c) Orchard Creek north of a line beginning 
at a point on the west shore 35° 03' 21" 
N -- 76° 38' 26" W; running 061° (M) to 
a point on the east shore 35° 03' 37" N — 
76° 37' 58" W; 

(d) Pierce Creek, north of a line beginning at 
a point on the west shore 35° 02' 29" N 
- 76° 40' 07" W; running 083° (M) to a 
point on the east shore 35° 02' 31" N -- 
76° 40' 01" W; 

(e) Whittaker Creek, north of a line beginning 
at a point on the west shore 35° 01' 37" 
N -- 76° 41' 12" W; running 095° (M) to 
a point on the east shore 35° 01' 37" N — 
76° 40' 58" W; 

(f) Oriental: 

(i) Smith and Morris Creek, north of a line 
beginning at a point on the west shore 35° 
02' 15" N -- 76° 42' 19" W; running 096° 
(M) to a point on the east shore 35° 02' 
16" N - 76° 42' 12" W; 

(ii) Tributary off Smith Creek west, west 
of a line beginning at a point on the north 
shore 35° 02' 10" N -- 76° 42' 19" W; 
running 186° (M) to a point on the south 
shore 35° 02' 08" N - 76° 42' 19" W; 



(iii) Tributary off Smith Creek, east, east 
of a line beginning at a point on the south 
shore 35° 02' 06" N - 76° 42' 12" W; 
running 026° (M) to a point on the north 
shore 35° 02' 08" N -- 76° 42' 11" W; 

(iv) Creek west of Dewey Point, north of a 
line beginning at a point on the west shore 
35° 01' 34" N -- 76° 42' 35" W; running 
049° (M) to a point on the west shore 35° 
01'36"N- 76° 42' 32" W; 

(v) Two tributaries on the south shore of 
Greens Creek, south of a line beginning 
at a point on the west shore of the western 
creek 35° 01' 24" N -- 76° 42' 49" W; 
running 110° (M) to a point on the east 
shore of the eastern creek 35° 01' 19" N 

- 76° 42' 27" W; 

(vi) Greens Creek, west of a line beginning 
at a point on the north shore 35° 01' 34" 
N -- 76° 43' 02" W; running 154° (M) to 
a point on the south shore 35° 01' 28" N 

- 76° 42' 57"W; 

(vii) Kershaw Creek, north of a line begin- 
ning at a point on the west shore 35° 01' 
34" N - 76° 43' 02" W; running 070° (M) 
to a point on the east shore 35° 01' 38" 
N - 76° 42' 53" W; 

(viii) Windmill Point, southwest of a line 
beginning at a point on the northwest 
shore 35° 01' 11" N - 76° 42' 18" W; 
running 130° (M) to a point on the 
southeast shore 35° 01' 09" N - 76° 42' 
14" W. 
(g) Dawson Creek: 

(i) Unnamed eastern tributary of Dawson 
Creek, east of a line beginning at a point 
on the north shore 35° 00' 12" N - 76° 45' 
19" W; running 155° (M) to a point on 
the south shore 35° 00' 07" N - 76° 45' 1 5" 
W; 

(ii) Unnamed tributary of Dawson Creek 
(at mouth), south of a line beginning at a 
point on the east shore 34° 59' 39" N - 76° 
45' 09" W; running 256° (M) to a point 
on the south shore 34° 59' 38" N - 76° 45' 
14" W; 
(h) Beard Creek tributary, southeast of a line 
beginning at a point on the north shore 
35° 00' 17" N - 76° 51' 55" W; running 
214° (M) to a point on the southwest 
shore 35° 00' 12" N - 76° 51' 58" W. 
(8) In the Neuse River Area South Shore: 
(a) Clubfoot Creek, south of a line beginning 
at a point on the west shore 34° 52' 15" 
N - 76° 45' 48" W; running 095° (M) to 
a point on the east shore 34° 52' 15" N -- 
76° 45' 36" W: 



6:3 NORTH CAROLINA REGISTER May I, 1991 



14S 



PROPOSED RULES 



(i) Mitchell Creek, west of a line beginning 
at a point on the south shore 34° 54' 15" 
N - 76° 45' 51" W; running 021° (M) to 
a point on the north shore 34° 54' 25" N 
.. 76' 45' 48" W; 

(li) Gulden Creek, east of a line beginning 
at a point on the south shore 34° 54' 04" 
N -- 76° 45' 31" W; running 032° (M) to 
a point on the north shore 34° 54' 12" N 

- 76° 45' 29" W; 
(b) Adams Creek: 

(i) Godfrey Creek, southwest of a line be- 
ginning at a point on the northwest shore 
34° 57' 18" N -- 76° 41' 08" W; running 
151° (M) to a point on the south shore 
34° 57' 16" N - 76° 41' 05" VV; 

(ii) Delamar Creek, southwest of a line be- 
ginning at a point on the northwest shore 
34° 57' 02" N - 76° 40' 45" W; running 
138° (M) to a point on the south shore 
34= 57' 00" N - 76° 40' 43" W; 

(iii) Kellum Creek, west of a line beginning 
at a point on the north shore 34° 55' 28" 
N - 76° 39' 50" W; running 160° (M) to 
a point on the south shore 34° 55' 25" N 

- 76° 39' 50" W; 

(iv) Kearney Creek and unnamed tributary 
north, west of a line beginning at a point 
on the north shore of the north creek 34° 
55' 09" N - 76° 40' 00" W; running 194° 
(M) to a point on the south shore of 
Kearney Creek 34° 54' 58" N - 76° 40' 
01" W; 

(v) Isaac Creek, southeast of a line begin- 
ning at a point on the west shore 34° 54' 
16" N - 76° 40' 07" W; running 102° (M) 
to a point on the east shore 34° 54' 15" 
N - 76° 40' 02" W; 

(vi) Back Creek, south of a line beginning 
at a point on the west shore 34° 54' 33" 
N - 76° 39' 43" W; running 059° (M) to 
a point on the east shore 34° 54' 38" N — 
76° 39' 33" W; 

(vii) Cedar Creek, south of a line beginning 
at a point on the west shore 34° 55' 45" 
N - 76° 38' 38" W; running 095° (M) to 
a point on the east shore 34° 55' 45" N -- 
76° 38' 32" W; 

(viii) Jonaquin Creek, north of a line be- 
ginning at a point on the west shore 34° 
56' 06" N - 76° 38' 32" W; running 095° 
(M) to a point on the east shore 34° 56' 
06" N - 76° 38' 30" W; 

(ix) Dumpling Creek, east of a line begin- 
ning at a point on the north shore 34° 56' 
54" N .. 76° 39' 33" W; running 142° (M) 
to a point on the south shore 34° 56' 52" 
N - 76 3 39'31"W; 



(x) Sandy Huss Creek, north of a line be- 
ginning at a point on the west shore 34° 
57' 14" x .. 76° 39' 50" VV; running 116° 
(M) to a point on the east shore 34° 57' 
10" N - 76° 39' 43" W; 

(c) Garbacon Creek, south of a line beginning 
at a point on the west shore 34° 59' 00" 
N - 76° 38' 34" W; running 097° (M) to 
a point on the east shore 34° 59' 00" N — 
76° 38' 30" W; 

(d) South River: 

(i) Big Creek, southwest of a line beginning 
at a point on the northwest shore 34° 56' 
55" N - 76° 35' 22" W; running 160° (M) 
to a point on the southeast shore 35° 56' 
49" N - 76° 35' 16" W; 

(ii) Horton Bay, north of a line beginning 
at a point on the west shore 34° 59' 08" 
N - 76° 34' 44" W; running 088° (M) to a 
point on the west shore 34° 59' 11" N - 
76° 34' 30" W; 

(e) Brown Creek, south of a line beginning at 
a point on the west shore 34° 59' 51" N 

- 76° 33' 34" VV; running 097° (M) to a 
point on the east shore 34° 59' 51" N — 
76° 33' 30" VV; 

(f) Tumagain Bay: 

(i) Abraham Bay, west of a line beginning 
at a point on the north shore 35° 00' 09" 
N - 76° 30' 48" VV; running 187° (M) to 
a point on the south shore 34° 59' 50" N 

- 76° 30' 44" W; 

(ii) Broad Creek and adjacent tributary, 
west of a line from a point on the north 
shore 34° 59' 11" N - 76° 30' 26" VV; 
running 151° (M) to a point on the south 
shore 34° 58' 57" N - 76° 30' 08" W; 

(iii) Mulberry Point Creek, Tump Creek 
and adjacent tributary, east of a line be- 
ginning at a point on the north shore 35° 
00' 28" N - 76° 29' 47" VV; running 166° 
(M) to a point on the south shore 34° 59' 
40" N - 76° 29' 23" VV; 

(iv) Deep Gut, east of a line beginning at a 
point on the north shore 34° 59' 35" N 

- 76° 29' 03" VV; running 156° (M) to a 
point on the south shore 34° 59' 28" N - 
76° 28' 58" VV; 

(v) Big Gut, southeast of a line beginning 
at a point on the north shore 34° 59' 04" 
N - 76° 28' 44" VV; running 219° (M) to a 
point on the south shore 34° 58' 55" N - 
76° 28' 44" VV. 

(9) West Bay; Long Bay Area: 

(a) fur Creek and Henrys Creek, west of a 
line beginning at a point on the north 
shore 34° 56' 33" N - 76° 27' 42" VV; 



149 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



running 156° (M) to a point on the south 
shore 34° 56' 23" N -- 76° 27' 28" W; 
(b) Cadduggen Creek, west of a line beginning 
at a point on the north shore 34° 56' 26" 
N -- 76° 23' 59" W; running 143° (M) to 
a point on the south shore 34° 56' 17" N 

- 76° 23' 41" W. 
(10) Core Sound Area: 

(a) Cedar Island Bay, northwest of a line be- 
ginning at a point on the southwest shore 
34° 59' 00" N -- 76° 17' 58" W; running 
038° (M) through Beacon No. 6 to a 
point on the northeast shore 34° 59' 45" 
N -- 76° 17' 25" W; 

(b) Lewis Creek, north of a line beginning at 
a point on the west shore 34° 56' 56" N 

- 76° 16' 54" W; running 097° (M) to a 
point on the east shore 34° 56' 56" N — 
76° 16' 51" W; 

(c) Thorofare Bay: 

(i) Tributary off upper Thorofare Bay, 
southwest of a line beginning at a point 
on the northwest shore 34° 55' 27" N -- 
76° 21' 28" W; running 132° (M) to a 
point on the southeast shore 34° 55' 22" 
N -- 76° 21' 16" W; 

(ii) Barry's Bay, west of a line beginning at 
a point on the north shore 34° 54' 30" N 

- 76° 20' 48" W; running 155° (M) to a 
point on the south shore 34° 54' 24" N -- 
76° 20' 35" VV; 

(d) Nelson Bay: 

(i) Willis Creek and Fulchers Creek, west 
of a line beginning at a point on the north 
shore of Willis Creek 34° 51' 06" N -- 76° 
24' 36" W; running 194° (M) to a point 
on the south shore of Fulchers Creek 34° 
50' 11" N -- 76° 24' 54" W; 

(ii) Lewis Creek, west of a line beginning 
at a point on the south shore 34° 51' 44" 
N -- 76° 24' 40" W; running 011° (M) to 
a point on the north shore 34° 51' 54" N 

- 76° 24' 39" W; 

(e) Cedar Creek between Sea Level and 
Atlantic, west of a line beginning at a 
point on the south shore 34° 52' 00" N -- 
76° 22' 44" W; running 007° (M) to a 
point on the north shore 34° 52' 03" N -- 
76° 22' 44" W; 

(f) Oyster Creek, northwest of the Highway 
70 bridge; 

(g) Jarretts Bay Area: 

(i) Smyrna Creek, northwest of the High- 
way 70 bridge; 

(ii) Ditch Cove and adjacent tributary, east 
of a line beginning at a point on the north 
shore 34° 48' 00" N - 76° 28' 26" W; run- 



ning 017° (M) to a point on the south 
shore 34° 47' 35" N - 76° 28' 30" W; 

(iii) Broad Creek, north of a line beginning 
at a point on the west shore 34° 47' 53" 
N - 76° 29' 18" W; running 081° (M) to a 
point on the east shore 34° 47' 58" N - 76° 
28' 59" W; 

(iv) Howland Creek, northwest of a line 
beginning at a point on the southwest 
shore 34° 47' 21" N - 76° 29' 53" W; run- 
ning 050° (M) to a point on the northeast 
shore 34° 47' 26" N - 76° 29' 47" W; 

(v) Great Creek, southeast of a line begin- 
ning at a point on the southwest shore 34° 
47' 08" N - 76° 29' 12" VV; running 053° 
(M) to a point on the northeast shore 34° 
47' 17" N - 76° 29' 02" W; 

(vi) Williston Creek, northwest of the 
Highway 70 bridge; 

(vii) Wade Creek, northwest of a line be- 
ginning at a point on the south shore 34° 
46' 10" N - 76° 30' 22" VV; running 042° 
(M) to a point on the north shore 34° 46' 
17" N - 76° 30' 17" VV; 

(viii) Jump Run, north of a line beginning 
at a point on the west shore 34° 45' 31" 
N - 76° 30' 26" VV; running 097° (M) to 
a point on the west shore 34° 45' 31" N 

- 76° 30' 21" VV; 

(ix) Middens Creek, west of a line beginning 
at a point on the south shore 34° 45' 23" 
N - 76° 30' 59" VV; running 007° (M) to 
a point on the north shore 34° 45' 29" N 

- 76° 30' 59" W; 

" (x) Tusk Creek, northwest of a line begin- 
ning at a point on the southwest shore 34° 
44' 37" N - 76° 30' 47" VV; running 033° 
(M) to a point on the north shore 34° 44' 
48" N - 76° 30' 38" VV; 
(xi) Creek west of Bells Island, west of a 
line beginning at a point on the north 
shore 34° 43' 56" N - 76° 30' 26" VV; 
running 161° (M) to a point on the south 
shore 34° 43' 46" N - 76° 30' 23" VV. 
(11) Straits, North River, Newport River Area. 

(a) Straits: 

(i) Sleepy Creek, north of a line beginning 
at a point on the west shore 34° 43' 21" 
N - 76° 31' 32" VV; running 096° (M) to 
a point on the east shore 34° 43' 21" N — 
76° 31' 20" VV; 

(ii) Whitehurst Creek, north of a line from 
a point on the west shore 34° 43' 28" N 

- 76° 33' 22" VV; running 072° (M) to a 
point on the east shore 34° 43' 33" N -- 
76° 33' 13" VV; 

(b) North River, north of Highway 70 bridge: 



6:3 NORTH CAROLINA REGISTER May I, 1991 



150 



PROPOSED RULES 



(i) Ward Creek, north of Highway 70 
bridge: 

(A) North Leopard Creek, southeast of 
a line beginning at a point on the 
southwest shore 34° 45' 57" N -- 76° 34' 
27" W; running 055° (M) to a point on 
the northeast shore 34" 46' 01" N -- 76° 
34' 19" W; 

(B) South Leopard Creek, southeast of a 
line beginning at a point on the south- 
west shore 34° 45' 29" N -- 76° 34' 47" 
W; running 057° (M) to a point on the 
northeast shore 34° 45' 33" N -- 76° 34' 
40" W; 

(ii) Turner Creek (Gibbs Creek), west of a 
line beginning at a point on the south 
shore 34° 43' 23" N -- 76° 37' 43" W; 
running 012° (M) to a point on the north 
shore 34° 43' 30" N -- 76° 37' 40" W; 
(c) Newport River, west of a line beginning 
at a point at Lawton Point 34 3 45' 41" N 

- 76° 44' 03" W; running 356° (M) to a 
point on the north shore 34° 46' 34" N - 
76° 44' 18" W; 

(i) Russel Creek, north of a line beginning 
at a point on the west shore 34° 45' 36" 
N - 76° 39' 47" W; running 097° (M) to 
a point on the east shore 34° 45' 35" N — 
76° 39' 46" W; 

(ii) Ware Creek, northeast of a line begin- 
ning at a point on the northwest shore 34" 
46' 28" N - 76° 40' 30" W; running 153° 
(M) to a point on the southeast shore 34° 
46' 23" N - 76° 40' 27" W; 

(iii) Bell Creek, northeast of a line begin- 
ning at a point on the northwest shore 34° 
47' 19" N - 76° 40' 58" W; running 166° 
(M) to a point on the southeast shore 34° 
47' 02" N - 76° 40' 56" W; 

(iv) Eastman Creek, east of a line beginning 
at a point on the north shore 34° 47' 57" 
N - 76° 41' 04" W; running 184° (M) to 
a point on the south shore 34° 47' 47" N 

- 76° 41' 04" W; 

(v) Oyster Creek, north of a line beginning 
at a point on the west shore 34° 46' 32" 
N - 76° 42' 32" W; running 080° (M) to 
a point on the east shore 34° 46' 37" N -- 
76° 42' 14" W; 

(vi) Harlow Creek, north of a line beginning 
at a point on the west shore 34° 46' 41" 
N - 76° 43' 28" W; running 060° (M) to 
a point on the northeast shore 34° 46' 50" 
N- 76° 43' 15" W; 

(vii) Calico Creek, west of a line beginning 
at a point on the north shore 34° 43' 42" 
N - 76° 43' 11" W; running 208° (M) to 



a point on the south shore 34° 43' 37" N 

- 76° 43' 13" W; 

(viii) Crab Point Bay, northwest of a line 
beginning at a point on the southwest 
shore 34° 44' 03" N - 76° 43' 09" W; 
running 047° (M) to a point on the 
northeast shore 34° 44' 08" N - 76° 43' 
05" W. 
(12) Bogue Sound; Bogue Inlet .Area: 

(a) Gales Creek, above the Highway 24 
bridge; 

(b) Broad Creek, above the Highway 24 
bridge; 

(c) Goose Creek, north of a line beginning at 
a point on the west shore 34° 41' 46" N 

- 77° 00' 45" W; running 070° (M) to a 
point on the east shore 34° 41' 51" N -- 
77° 00' 32" W; 

(d) .Archer Creek, west of a line beginning at 
a point on the north shore 34° 40' 27" N 

- 77° 00' 47" W; running 186° (M) to a 
point on the south shore 34° 40' 22" N — 
77° 00' 47" W; 

(e) White Oak River, north of a line beginning 
at a point on the west shore 34° 45' 27" 
N - 77° 07' 39" W; running 095° (M) to 
a point on the east shore 34° 45' 27" N -- 
77° 07' 07" W; 

(i) Pettiford Creek, east of a line beginning 
at a point on the north shore 34° 42' 51" 
N - 77° 05' 24" W; running 175° (M) to 
a point on the south shore 34° 42' 37" N 

- 77° 05' 20" W. 

(ii) Holland Mill Creek, west of a line be- 
ginning at a point on the north shore 34° 
43' 49" N - 77° 11' 58" W; running 184° 
(M) to a point on the south shore 34° 43' 
38" N - 77° 11' 58" W. 

(f) Hawkins Creek, north of a line beginning 
at a point on the west shore 34° 41' 06" 
N - 77= 07' 44" W; running 085° (M) to a 
point on the east shore 34° 41' 07" N - 77° 
07' 35" W; 

(g) Queen's Creek, north of country road 
number 1509 bridge: 

(i) Dick's Creek, west of a line beginning 
at a point on the south shore 34° 39' 55" 
N - 77° 09' 21" W; running 338° (M) to 
a point on the north shore 34° 39' 58" N 

- 77° 09' 21" W; 

(ii) Parrot Swamp, west of a line beginning 
at a point on the south shore 34° 40' 22" 
N - 77° 09' 39" W; running 333° (M) to 
a point on the north shore 34° 40' 36" N 

- 77° 09' 48" W; 

(iii ) Hall's Creek, east of a line beginning 
at a point on the south shore 34° 41' 00" 
\ .. 77° 09' 42" W; running 337° (M) to 



151 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



a point on the north shore 34° 41' 06" N 
- 77° 09' 44" W; 
(h) Bear Creek, west of Willis Landing. 
(13) New River Area: 

(a) Salliers Bay area, all waters north and 
northwest of the IWW beginning at a 
point on Cedar Point 34° 32' 48" N -- 77° 
19' 14" W to Beacon No. 58 34° 37' 56" 
N - 77° 12' 20" W including Howard Bay, 
Mile Hammock Bay, Salliers Bay, and 
Freeman Creek; 

(b) New River Inlet area (including Hellgate 
Creek and Ward's Channel), all waters 
south of the IWW from Beacon No. 65 
34° 32' 41" N -- 77° 18° 57" W to Beacon 
No. 15 34° 31' 03" N - 77° 22' 18" W, 
excluding the marked New River Inlet 
Channel; 

(c) New River: 

(i) Trap's Bay, northeast of a line beginning 
at a point on the east shore 34° 33' 47" N 
-- 77° 20' 25" W; running 317° (M) to a 
point on the west shore 34° 34' 07" N -- 
77° 20' 59" W; 

(ii) Courthouse Bay: 

(A) Tributary of Courthouse Bay, 
southeast of a line beginning at a point 
on Harvey's Point 34° 34' 59" N -- 77° 
22' 25" W; running 066° (M) to a point 
on the cast shore 34° 35' 05" N -- 77° 
22' 11" W; 

(B) Tributary of Courthouse Bay, 
northwest of a line beginning at a point 
on the west shore 34M5' 02" N -- 77° 
22' 40" W; running 057° (M) to a point 
on the east shore 34° 35' 10" N - 77° 
22' 31" W; 

(C) Rufus Creek, east of a line beginning 
at a point on Wilken's Bluff 34° 34' 19" 
N - 77° 21' 41" W; running 002° (M) 
to a point on the north shore 34° 34' 
27" N -- 77° 21' 41" W; 

(iii) Wheeler Creek, south of a line begin- 
ning at a point on Povertv Point 34° 34' 
04" N -- 77° 23' 15" W; running 267° (M) 
to a point on the west shore 34° 34' 03" 
N -- 77° 23' 26" W; 

(iv) Fannie Creek, west of a line beginning 
at a point on the south shore 34° 34' 07" 
N - 77° 23' 35" W; running 333° (M) to 
a point on the north shore 34° 34' 08" N 
-- 77° 23' 40" W; 

(v) Snead's Creek, northwest of a line be- 
ginning at a point on the east shore 34° 
35' 19" N - 77° 23' 31" W; running 219° 
(M) to a point on the west shore 34° 35' 
17" N - 77° 23' 34" W; 



(vi) Everette Creek, south of a line begin- 
ning at a point on the east shore 34° 34' 
13" N - 77° 24' 44" W; running 273° (M) 
to a point on the west shore 34° 34' 12" 
N - 77° 24' 49" W; 

(vii) Stone's Creek, southwest of a line be- 
ginning at a point on the southeast shore 
34° 36' 34" N - 77° 26' 51" W; running 
301° (M) to a point on the northwest 
shore 34° 36' 37" N - 77° 26' 52" W; 

(viii) Muddy Creek, north of a line begin- 
ning at a point on the west shore 34° 36' 
52" N - 77° 26' 38" W; running 087° (M) 
to a point on the east shore 34° 36' 52" 
N - 77° 26' 37" W; 

(ix) Mill Creek, north of a line beginning 
at a point on the west shore 34° 37' 1 1 " 
N - 77° 25' 47" W; running 109° (M) to 
a point on the east shore 34° 37' 11" N — 
77° 25' 37" W; 

(x) Whitehurst Creek, west and south of a 
line beginning at a point on the south 
shore 34° 38' 04" N - 77° 22' 37" W; 
running 280° (M) to a point on the north 
shore 34° 38' 04" N - 77° 22' 38" W; 

(xi) Town Creek, west of a line beginning 
at a point on the south shore 34° 39' 34" 
N - 77° 23' 06" W; running 007° (M) to 
a point on the north shore 34° 39' 37" N 
- 77° 23' 06" W; 

(xii) Lewis Creek, southwest of a line be- 
ginning at a point on the southeast shore 
34° 40' 56" N - 77° 24' 56" W; running 
301° (M) to a point on the northwest 
shore 34° 40' 55" N - 77° 24' 58" W; 

(xiii) Northeast Creek, east of a line begin- 
ning at a point on the south shore 34° 43' 
23" N - 77° 23' 35' W; running 316° (M) 
to a point at the mouth of Scale's Creek 
34° 43' 46" N - 77° 24' 06" W; 

(xiv) Southwest Creek, southwest of a line 
beginning at a point on the east shore 34° 
41' 30" N - 77° 25' 20" W; running 328° 
(M) to a point on the north shore 34° 41' 
50" N - 77° 25' 40" W; 

(xv) Upper New River, north of a line be- 
ginning at a point on Mumford Point 34° 
43' 15" N - 77° 25' 00" W; running 271° 
(M) through Beacon No. 53 to a point 
on the west shore 34° 43' 14" N - 77° 25' 
49" W; 
(d) Chadwick Bay, all waters between a line 
beginning at a point on Roses Point 34° 
32' 12" N - 77° 22' 19" W; running 075° 
(M) to Marker No. 6 and the IWW: 

(i) FuUard Creek (including Charles Creek), 
northwest of a line beginning at a point 
on the south shore 34° 32' 03" N - 77° 



6:3 NORTH CAROLINA REGISTER May I, 1991 



152 



PROPOSED RULES 



22 41" W; running 326° (M) to a point 
on the north shore 34° 32' 12" N -- 77° 
22' 50" W; 
(ii) Bump's Creek, north of a line beginning 
at a point on the west shore 34 ; 32' 19" 
N - 77° 22' 29" W; running 035° (M) to 
a point on the east shore 34" 32' 28" N — 
77° 22' 23" W. 

(14) Stump Sound Area. 

Stump Sound, all waters north and south of 
IWW from Beacon No. 15 34° 31' 03" N -- 
77° 22' 17" W; to Marker No. 78 34° 25' 23" 
X .. 77° 34' 12" W; except 100 feet of either 
side of the IWW from Beacon No. 49 at 
Morris Landing to .Marker No. 78 at the 
mouth of Beckys Creek and except the 
dredged canals at Old Settler's Beach and the 
dredged channel from the IWW north of 
Marker No. 57 to the Old Settler's Beach 
Canals. 

(15) Topsail Sound Area: 

(a) Virginia Creek, all waters northwest of a 
line beginning on the southwest shore at 
a point near the mouth 34 c 24' 48" N - 
77° 35' 38" W; running 056° (M) 700 
vards to a point 34° 25' 02" N - 77° 35' 
19" W; thence running 074' (M) 1900 
yards and intersecting the "nursery area line 
at Becky's Creek at a point 34° 25' 24" N 
- 77° 34' 16" W, with the exception of the 
natural channel as marked by the North 
Carolina Division of Marine Fisheries; 

(b) Old Topsail Creek, all waters northwest 
of a line beginning at a point on the 
southwest shore 34° 21' 33" N - 77° 40' 
37" W; running 065° (M) to a point on 
the northeast shore 34° 21' 43" N - 77° 40' 
14" W, with the exception of the dredged 
channel as marked by the North Carolina 
Division of Marine Fisheries; 

(c) Topsail Sound, all waters enclosed within 
a line starting at beacon "BC" 34° 24' 35" 
N -- 77° 35' 43" W; runnins 174° (M) to 
a point 34° 23' 58" N -- 77° 35' 33" W; 
running 235° (M) to a point 34° 21' 14" 
N - 77° 39' 18" W; running 300° (M) to 
Marker No. 16 34° 21' 32" N -- 77° 40' 
15" W; running 056° (M) back to point 
of origin; 

(d) Mallard Bav Area, all waters northwest 
of the IWW from Beacon No. 93 34° 23' 
54" N - 77° 36' 43" W; to Beacon No. 96 
34° 22' 34" N - 77° 38' 48" W. 

(16) Middle Sound Area: 

(a) Howard Channel and Long Point Channel 
area, all waters southeast of the IWW 
from Beacon No. 98 34° 21' 33" N - 77° 
40' 32" W to a point on the north side of 



the Figure 8 Island Marina Channel 34° 
16' 28~ N -- 77° 45' 35" W [with the ex- 
ception of Howard Channel from the 
IWW to New Topsail Inlet, Green 
Channel from Marker No. 105 to Rich's 
Inlet, Butler's Creek (Ltley's Channel) 
from the IWW, north of Marker No. 112. 
to Nixon's Channel, and Nixon's Channel 
from IWW to Rich's Inlet; Tributaries to 
above named channels will remain 
closed.]; 

(b) Futch Creek, northwest of a line beginning 
at a point on the north shore of Porter's 
Neck 34° 18' 00" N -- 77° 44' 33" W; 
running 064° (M) to a point on Baldeagle 
Point 34= 18' 09" N -- 77° 44' 22" W; 

(c) Page's Creek, northwest of a line beginning 
at a point on the north shore 34° 16' 46" 
N - 77° 46' 42" W; running 229° (M) to 
a point on the south shore 34° 16' 38" N 
-- 77° 46' 51" W; 

(d) All waters bound on the north by the 
Figure Eight Island Causeway, on the east 
by Mason's Channel, on the south by 
Mason's Inlet Channel and on the west 
by the Intracoastak Waterway, with the 
exception of Mason's Channel. 

(17) Greenville Sound Area: 

(a) Shell Island area, all waters east of the 
IWW from Marker No. 123 34° 14' 52" 
N -- 77° 47' 00" W to a point on the north 
shore of Old Moore Inlet Channel 34° 13' 
56" N -- 77° 47' 48" W; 

(b) Howe Creek (Moore's Creek), northwest 
of a line beginning at a point on the south 
shore 34° 14' 42" N -- 77° 47' 26" W; 
running 030° (M) to a point on the north 
shore 34° 14' 53" N -- 77° 47' 13" W; 

(c) Bradley Creek, west of Highway 17, 74 and 

76 bridge; 

(d) Wrightsville Beach area, all waters in an 
area enclosed by a line beginning at a 
point across the IWW from the mouth of 
Bradley Creek 34° 12' 21" N - 77° 49' 08" 
W, running 091° (M) to a point (near the 
Borrow Pit) 34° 12' 22" N - 77° 48' 32" 
W, running 144° (M) to a point 34° 11' 
56" N - 77° 48' 19" W. running 224° (M) 
to a pomt 34° 11' 20" N - 77° 49' 05" W; 
running 306° (M) to a point 34° II' 30" 
N - 77° 49' 31" W; running 024° (M) back 
to point of origin. 

(18) Masonboro Sound Area: 

(a) Masonboro— Myrtle Grove Sound area 
(west side)— all waters west northwest of 
the IWW beginning at a point at the 
mouth of Bradlev Creek 34= 12' 23" N - 



153 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



77° 49' i4» W; t0 Beacon No. 161 34° 03' 
32" N -- 77° 53' 22" W; 
(b) Masonboro- Myrtle Grove Sound area 
(east side) - all waters south and southeast 
of a line beginning at a point on the north 
end of Masonboro Island 34° 11' 06" N - 
77° 48' 51" W; running 301° (M) to a 
point near I WW Marker No. 129 34° 11' 
22" N - 77° 49' 36" W; thence running 
along the east side of the I WW to Marker 
No. 161 34° 03' 32" N - 77° 53' 22" W; 
(with the exception of Old Masonboro 
Channel and Carolina Beach Inlet Chan- 
nel). 
(19) Cape Fear River Area: 

(a) Cape Fear River, all waters north of a line 
beginning at a point on the east shore 34° 
10' 25" N - 77° 57' 03" W; running 275° 
(M) through Beacon No. 53 to a point 
on the west shore 34° 10' 25" N -- 77° 57' 
46" W with the exception of the main- 
tained channel, and all waters north of a 
line beginning at a point on the east shore 
34° 04' 38" N - 77° 55' 28" W; running 
275° (M) through Beacon No. 37 to a 
point on the west shore 34° 04' 38" N — 
77° 56' 31" W, with the exception of 300 
yards east and west of the main shipping 
channel up to Beacon No. 53 (mouth of 
Brunswick River); 

(b) The Basin (Ft. Fisher area), east of a line 
beginning at a point on the north shore 
33° 57' 17" N - 77° 56' 08" W; running 
156° (M) to a point on the south shore 
33° 57' 04" N - 77° 56' 07" W; 

(c) Walden Creek, northwest of county road 
No. 1528 bridge; 

(d) Baldhead Island Creeks: 

(i) Baldhead Creek, southeast of a line be- 
ginning at a point on the south shore 33° 
51' 42" N - 77° 59' 10" W; running 070° 
(M) to a point on the north shore 33° 52' 
07" N - 77° 59' 06" W; 

(ii) Cape Creek, southeast of a line begin- 
ning at a point on the south shore 33° 51' 
39" N - 77° 58' 28" W; running 026° (M) 
to a point on the north shore 33° 52' 05" 
N - 77° 58' 23" W; 

(iii) Bluff Island Creek (East Beach Creek), 
south of a line beginning at a point on the 
west shore 33° 52' 39" N - 77° 58' 11" 
W; running 092° (M) to a point on the 
east shore 33° 52' 40" N - 77° 58' 07" W; 

(iv) Deep Creek, south of a line from a 
point on the southwest shore 33° 52' 42" 
N - 77° 58' 05" W; running 046° (M) to 
a point on the northeast shore 33° 52' 46" 
N - 77° 58' 01" W; 



(e) Dutchman Creek, north of a line begin- 
ning at a point on the east shore 33° 55' 
07" N - 78° 02' 39" W; running 294° (M) 
to a point on the west shore 33° 55' 08" 
N - 78° 02' 44" W; 

(f) Denis Creek, west of a line beginning at a 
point on the south shore 33° 55' 00" N — 
78° 03' 32" W; running 006° (M) to a 
point on the north shore 33° 55' 02" N -- 
78° 03' 32" W; 

(g) Piney Point Creek, west of a line begin- 
ning at a point on the south shore 33° 54' 
32" N - 78° 03' 32" W; running 007° (M) 
to a point on the north shore 33° 54' 37" 
N - 78° 03' 31" W; 

(h) Molasses, Coward and Smokehouse 
Creeks, all waters bound by the IWW and 
the Elizabeth River on the north and east, 
the Oak Island Coast Guard canal on the 
east, Oak Island on the south and the CP 
and L Discharge canal on the west; 

(i) Oak Island area, all waters north and south 
of the IWW from Marker No. 9 33° 55' 
12" N - 78° 03' 49" W; to Beacon No. 18 
33° 55' 45" N - 78° 10' 17" W. 

(20) Lockwoods Folly Inlet Area: 

(a) Davis Creek and Davis Canal, east of a 
line beginning at a point on the north 
shore 33° 55' 13" N - 78° 10' 43" W; 
running 198° (M) to a point on the south 
shore 33° 54' 59" N - 78° 10' 43" W; 

(b) Lockwoods Folly River, north of a line 
beginning at a point on the east shore 33° 
56' 35" N - 78° 12' 47" W; running 268° 
(M) to a point on the west shore 33° 56' 
34" N - 78° 13' 24" W; 

Spring Creek (Galloway Flats area), all 
waters northwest of a line beginning at a 
point on the south shore 33° 55' 31" N — 
78° 13' 48" W; running 040° (M) to a 
point on the north shore 33° 55' 41" N -- 
78° 13' 42" W. 

(21) Shallotte Inlet Area: 

(a) Shallotte River, north of a line beginning 
at a point on Bill Holden's Landing 33° 
55' 52" N - 78° 22' 07" W; running 024° 
(M) to a point on Gibbins Point 33° 56' 
20" N - 78° 21' 54" W; 

(b) Shallotte River, excluding Gibbs Creek, 
north of a line beginning at Long Point 
33° 54' 20" N - 78° 21' 42" W; running 
312° (M) to a point on Sage Island 33° 54' 
37" N - 78° 22' 06" W; east of a line be- 
ginning at Sage Island running 026° (M) 
to a point 33° 55' 06" N - 78° 22' 09" W, 
and south of a line beginning at the pre- 
vious point running 081° (M) to a point 



6:3 NORTH CAROLINA REGISTER May I, 1991 



154 



PROPOSED RULES 



on the shore 33° 55' 18" N - 78° 21' 35" 
W. 

(c) Shallotte Creek (Little Shallotte River), 
east of a line beginning at a point on Shell 
Landing 33° 55' 44" N - 78° 21' 40" W; 
running 159° (M) to a point on Boone's 
Neck Point 33° 55' 35" N -- 78° 21' 34" 
W; 

(d) Saucepan Creek, northwest of a line be- 
ginning at a point on the east shore 
(mouth of Old Mill Creek) 33° 54' 56" N 
-- 78° 23' 28" W; running 182° (M) to a 
point on the west shore 33° 54' 41" N — 
78° 23' 28" W; 

(e) Old Channel area, all waters south of the 
[WW from Beacon No. 83 33° 54' 16" 
N - 78° 23' 17" W; to Ocean Isle Beach 
bridge 33° 53' 44" N -- 78° 26' 22" W; ex- 
cept the dredged finger canals at Ocean 
Isle Beach located on the south side of the 
[WW between the Ocean Isle Beach 
Bridge and [WW Marker No. 90. 

(22) Little River Inlet Area: 

(a) Gause Landing area, all waters north of 
the I WW from Beacon No. 90 33° 53' 53" 
N - 78° 25' 37" W to the South Carolina 
line; 

(b) Eastern Channel Area: 

(i) Needhamhole Creek, north of a line be- 
ginning at a point on the east shore 33° 
53' 19" N - 78° 26' 48" W; running 274° 
(M) to a point on the west shore 33° 53' 
19" N - 78° 26' 51" W; 

(ii) Springbranch Creek, north of a line be- 
ginning at a point on the east shore ii° 
53' 14" N - 78° 27' 17" W; running 250° 
(M) to a point on the west shore 33° 53' 
13" N - 78° 27' 21" W; 

(iii) Goldmine Creek, north of a line be- 
ginning at a point on the east shore 33° 
53' 13" N - 78° 27' 33" W; running 260° 
(M) to a point on the west shore 33° 53' 
13" N - 78° 27' 36" W; 

(iv) Clam Creek, north of a line beginning 
at a point on the east shore 33° 53' 12" N 
- 78° 27' 55" W; running 219° (M) to a 
point on the west shore 33° 53' 10" N -- 
78° 27' 55" W; 

(v) Sol's Creek, all waters north of a line 
beginning at a point on the east shore 33° 
53' 02" N - 78° 28' 08" W; running 224° 
(M) to a point on the west shore 33° 53' 
00" N - 78° 28' 12" W; and all waters 
south of a line beginning at a point on the 
east shore of Sol's Creek 33° 53' 22" N — 
78° 28' 10" W; running 252° (M) to a 
point on the west shore 33° 53' 21" N -- 
78° 28' 14" W; 



(vi) Horseford Creek, north of a line be- 
ginning at a point on the east shore 33° 
52' 53" N - 78° 28' 24" W; running 279° 
(M) to a point on the west shore 33° 52' 
53" N - 78° 28' 29" W; 

(vii) Still Creek, all waters north of a line 
beginning at a point on the east shore, 33° 
52' 53" N - 78° 28' 44" W; running 254° 
(M) to a point on the west shore 33° 52' 
51" N - 78° 28' 48" W; and all waters 
south of a line beginning at a point on the 
east shore of Still Creek, 33° 53' 15" N — 
78° 29' 02" W; running 270° (M) to a 
point on the west shore 33° 53' 15" N — 
78° 29' 05" W; 

(viii) Cooter Creek, north of a line begin- 
ning at a point on the east shore 33° 52' 
52" N - 78° 29' 46" W; running 288° (M) 
to a point on the west shore 33° 52' 53" 
N - 78° 29' 49" W; 

(c) The Big Narrows .Area: 

(i) Big Teague Creek, west of a line begin- 
ning at a point on the south shore 33° 52' 
46" N - 78° 29' 59" W; running 343° (M) 
to a point on the north shore 33° 52' 47" 
N - 78° 30' 01" W; 

(ii) Little Teague Creek, west of a line be- 
ginning at a point on the south shore 33° 
52' 54" N - 78° 30' 09" W; running 306° 
(M) to a point on the north shore 33° 52' 
54" N - 78° 30' 10" W; 

(iii) Big Norge Creek, south of a line be- 
ginning at a point on the west shore 33° 
52' 50" N - 78° 30' 39" W; running 076° 
(M) to a point on the east shore 33° 52' 
51" N - 78° 30' 36" W; 

(d) Mad Inlet area, all waters south of the 
IWW from the Sunset Beach bridge 33° 
52' 52" N - 78° 30' 42" W to the "South 
Carolina line with the exception of 
Bonaparte Creek; 

(e) Calabash River, east of state road No. 
1 164 bridge. 

Statutory Authority G.S. 113-134; 113-182: 
143B-289.4. 

.0007 DESIGNATED POT AREAS 

(aj As referenced in 15A NCAC 3J .0301 
(a)(2)(A). it is unlawful to use pots north and 
east of the Highway 58 Bridge at Emerald Isle 
from May 1 through October 31, except in areas 
described below: 

(1) In Albemarle Sound and tributaries. 

(2) In Roanoke Sound and tributaries. 

(3) In Croatan Sound and tnbutaries. 

(4) In Pamlico Sound and tributaries, except 
the following areas and areas further de- 



155 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



scribed in Paragraphs (5), (6), and (7) of 
this Rule: 
(a) 1» Wyooclring Bay: 
(+4 Bound by a hoe beginning at a point ©» 

[ I IV O^ 'Ulll LJ1 IU 1 V tTT TJ^TTTTj TTTU V- 1 VV1Y ^ — ' 

^Q^X-^^O^W running 339°- 
4>4) 4000 yafds to a poiftt 34°- 34: 4&- N - 
;^2 032 ^y Wt thence 3342 (M) 3300 yafds 
te a poiftt 34°- 34: 43^ M - 74°- 03: 44: 
Wt thonco 043°- (34+ 740 yafds to a poiftt 
e» show ^a 3^ §4^ X - 74^ 03: 442 Wt 
thonco following the shoreline a»d the 
Lono Troe Crook primary nursery ateet 
hoe to the beginning point; 
(it) Bound by a hoe beginning at a point 
eft the couth shoro of 34tr Pl e asant Bey 
4$2342©2t2X-74 o -04:432W running 
0*3^ f^4> 4300 yafd* to a petftt ^^ 3^ 4^ 
X - 742 03: 332 W* thonco 033°- (344 3400 
^^Ffts to a poiftt 3^ 3+: 372 X - 74: 03: 
43; W-t thonco 3992 (344 4400 yards to a 
pe«t o» shore 3^ 34: 3^ N - 74^ 04: 4«^ 
Wt thonco following the shoreline aod the 
Brownr . I -. land aod 34tr Pleasant Bay pri- 
Fftafy nursery area hfte to the beginning 
point; exc e pt pots toay be set ho moro 
than 40 yards from the shoreline. 

I U t I ti liimn.ir I j I 1 \ I K , ii m , I W 1 I j 1 lit-i.i t-wkmr-ig-HT-tn 

\" f III J LI 1 1 1 1 ' V 1 ULl f (_■ \J LI 1 1U \.T r (T 1 II IV I * V S~r> i 1 1 1 1 1 1^ 

at a point o» Junipor Ba¥ Point 34- 30: 
4£2X-34°- 43- 333 W running 374: (34) 
3400 va«k to a poiftt 34^ 30: 44: >; - 74^ 
44: 44^ W- thenc e 0032 (34) 3400 vafds to 
Daymark e r Xe* 3f thonco 040: (Sty 444Q 
yards to a point ©ft shor e 34- 34-: 442 rv - 
2Z42 442 342 Wt thenc e following the 
shoreline a»d the Buck Crook primary 
nursery atea hoe to the beginning point. 

(e4 le Swanquarter Bay, bound by a hoe be- 
ginning at a point oft the north shore of 
Gaffee ftay34234:47:N-74^47:44^ 
W running 4942- (34) 800 yards to a potftt 
oft the sooth shofe 34i 34- 34^ N - 74i 47: 
442 Wt thonco following the shoreline to 
a potftt oft shote 34°- 34: 372 X - 74°- 4*: 
332 Wj th e nce running 347°- (34) 4300 
yaftis to a potftt 34°- 3+: 432 X - 74: 49: 
S^. Wt thonco 340: (344 4340 yards to a 
peart 34 -342^X-74°-49:372Wt 
th e nc e 084^ (344 4440 yards to a poiftt ©ft 
t4w ftorth shore 34°- 33: 03: 3v - 34°- 44*: 48^ 
Wf thence following the shoreline aod the 
primary nursery area hoe to the beginning 
point. 

(d) fe Deep Cove east of a hoe beginning at 
a point ©ft the south shore 342 30: 442 X 
- 74°- 33: 472 Wj running 034^ (34+ 4*00 
yards to a point ©ft the north shor e 34^ 

2U2 .542 X - 342 XL. 4-L2 W. n nrl wn-.t a£ a. 



hfte beginning at a point ©» the south 

r h n rn 7S° 2iX. \\" X _ ~l (^ 2X 052 W. aia 
nin r* 00^° I \\ \ 1 100 virrlr U \ i* aaiai . ^ti 

1 111 1 g '_n_f >T ^ ' ' / I IUU TLLI Ciy CTT CT fTTITTTTT CTTT 

thn nnrth 4m rn ?S° XL ">^" tj "7£° T)' 1 1 " 

1 1 IV ITC7TTTT E T 1 1 T__f 1 \J ^J 3 E I S O I T f V7 S335 1 1 

(e) tft- that afea bound by a hoe beginning at 

ULULL'll . ' \f . T HI 1 1 IV 1 1 l\J LI 1 1 I CTT TI^C^TTT ^rm'^? 

running 311° f344 1 100 yards to a point 

cu* .-h nrfi X£2 2iU |T X 1 -^° Ol^ i 0" Uli 

L71 1 .IllUl V >J ^' B LT 1 B . * f T_T C^^ I O TT , 

thence 304^ f344 3330 yards to a point 34£ 
i&. 4QZ. ^ - 34° 34: 44^ W7 thonco 4382 
4\44 3000 yafds to a poiftt 34: 48- 44^ N - 
74: 33: 44^ Wt thonco 044^ (34+ through 
the "Dope Boat" Beacon 3250 yards to 
the beginning point. 
(£) Off Striking Uaf bound by a hoe begin 

1 D3 IE CTT CT rTTTTTTT OTT 1 1 IV J I VJl JI 1LJ 1 V L/I 

Striking Ba¥34:33:3f4:3v-74234:4^ 
W running 400^ 4\4+ 4000 vafds to a potftt 
442 33: 33^ X - 742 37: 00^'W- thonco 007^ 
(344 000 yards to Beacon 3v©r 3f thence 
4372 f34> 4400 yards to a poiftt 34: 34: 441 
X-742 34- 4£L Wf thonco following the 
shoreline to a poiftt 342 33: 30: X - 342 
34: 442 Wt thonco 333: (34) 3300 vafds to 
a poiftt 34: 33: 47^ 3v - 74^ 34:'44+2 Wt 
thence following the shoreline to a point 
34: 33: 402 X - 74: 34: 342 Wt theoee 334^ 
4)4+000 v^tfds to a potftt 342 33: 402 X - 
74: 34: 43^ Wt thonco 040: (34+ 400 yafds 
to a potftt 342 33: 302 X - 742 34: 4*2 Wt 
th e nc e following the shoreline to the be- 
ginning point. 

(A) (g) In Rose Bay bound by a line be- 
ginning at a point southwest of Swan 
Point 35° 23' 56" N - 76° 23' 39" W run- 
ning 288° (M) 1500 yards to a point on 
shore 35° 24' 03" N - 76° 24' 33" W; 
thence 162° (M) 1650 yards to a point 35° 
23' 19" N - 76° 24' 04" W; thence 084° 
(M) 1350 yards to a point on shore 35° 
23' 29" N - 76° 23' 17" W; thence follow- 
ing the shoreline to the beginning point. 

(B) (h+ In Spencer Bay bound by a line 
beginning at a point on shore at Willow 
Point 35° 22' 26" N - 76° 28' 00" W run- 
ning 059° (M) 1700 yards to a point 35° 
22' 57" N - 76° 27' 13" W; thence 317° 
(M) 1500 yards to a point 35° 23' 25" N - 
76° 27' 57" W; thence 243° (M) 1300 yards 
to a point on shore 35° 23' 02" N - 76° 
28' 35" W; thence following the shoreline 
to the beginning point. 

(t) i» B+g Porpoise U^f bound by a hoe be- 
ginning at a point ©» shore 34°- 44: 4g2 X 
_ 214°- 30: 443: W running 483^ f>4> 740 
vaftj* to Sage Poiftt 34°- 44: 34: X - 74°- 
30: 042 W thonco 4442 (2V44 840 vafds to 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



156 



PROPOSED RULES 



thence ©3^- (M) ; 74)ft yardo tft a point »» 
shew 35°- 4-^ 4^ >r - %?. 3*- ^ W* 
thenc e following the uhorolino te the be- 
ginning point. 
(j) 1» that afea north &f the target shift be- 
ginning at a peart 2§Z 44- 24^ N- - 1&- "¥¥■ 
OP w4 running &34-°- (444 3I40Q yafrts te a 

thence 44S°- (A44 4SW vafrts- to a peart 35°- 

(-i.44 04X40 v«* te a ftfturt 4ft°- 4^ £^ 14 - 
%i 36: §§: w- thenee ±m (M> 444QQ 
yards tft the beginning point. 

(C) fk-4 In Middle Bay-Jones Bay area 
bound by a line beginning at Middle Bay 
Point 35° 14' 49" N - 76° 28' 41" W run- 
ning 131° (M) 3550 yards to a point 35° 
13' 51" N - 76° 26' 53" W; thence 214° 
(M) 2600 yards to a point 35° 12' 43" N 

- 76° 27' 34" W; thence 291° (M) 2700 
yards to Sow Island; thence 181° (M) 
2350 yards to a point 35° 11' 51" N - 76° 
28' 57" W; thence 254° (M) 2000 yards to 
Red Daymarker No. 4; thence 024° (M) 
3600 vards through Green Flasher No. 5 
to Sow Island Point 35° 13' 09" N - 76° 
29' 28" W; thence following the shoreline 
of Middle Bav to Big Fishing Point 35° 
14' 02" N - 76° 29' 52" W; thence 008° 
(M) 1100 yards to a point on the north 
shore 35° 14' 33" N - 76° 29' 52" W; 
thence following the shoreline to a point 
35° 14' 46" N - 76° 29' 14" VV; thence no 
more than 75 yards from the shoreline to 
the beginning point. 

(D) (4-^ In Jones Bay bound by a line be- 
ginning at a point on Sow Island Point 
35° 13' 09" N - 76° 29' 28" W running 
204° (M) 2600 yards to Green Flasher No. 
5; thence 322° (M) 2450 yards to a point 
35° 12' 48" N - 76° 30' 58" W; thence 
217° (M) 1200 yards to a point on shore 
35° 12' 20" N - 76° 31' 16" W; thence fol- 
lowing the shoreline to a point 35° 12' §3^ 
36" N - 76° *4^ 3T 4^ 0T W; thence 
231° (M) 600 yards to a point 35° 12' 52" 
N - 76° 31' 45" W; thence parallel with the 
shoreline no more than 600 yards from 
shore to a point 35° 13' 11" N - 76° 32' 
07" W; thence 038° (M) to a point 600 
yards from the north shore 35° 13' 39" N 

- 76° 31' 54" W; thence parallel with the 
shoreline no more than 600 yards from 
shore to a point 35° 13' 09" N - 76° 30' 
48" W; thence 009° (M) 600 vards to a 
point on shore 35° 13' 26" N - 76° 30' 47" 



W; thence following the shoreline to the 
beginning point. 

(E) (*»} In an area bound by a line begin- 
ning at Boar Point 35° 12' 07" N - 76° 31' 
04" W running 106° (M) 2000 yards to 
Green Flasher No. 5; thence 200° (M) 
2200 yards to a point 35° 10' 56" N - 76° 
30' 10" W; thence 282° (M) 2350 yards 
to Bay Point 35° 11' 02" N - 76° 31' 35" 
W; thence following the shoreline to the 
beginning point. 

(F) (»} In an area at the mouth of Bay 
River bound by a line beginning at a point 
on Maw Point 35° 08' 55" N - 76° 32' 10" 
W running 020° (M) 1600 yards to 
Daymarker No. 1; thence 134° (M) 3800 
yards to Neuse River Junction Quick 
Flasher; thence 236° (M) 1700 yards to 
Red Day Marker No. 2 PA; thence 314° 
(M) 2750 yards to the beginning point. 

(G) (ft) The waters within a circular area 
with a radius of 1,000 yards having its 
center on the southern side of Brant Is- 
land at latitude 35° 12' 30" N - longitude 
76° 26' 30" W. 

(5) 'In Pamlico River west of a line from a 
point on Pamlico Point 35° 18' 42" N - 
76° 28' 58" W running 009° (M) through 
Daymarker No. 1 and Willow Point Shoal 
Beacon to a point on Willow Point 35° 
22' 23" N - 76° 28' 48" W pots may be 
used in the following areas: 
(A) fa) In that area bound by a line begin- 
ning at a point on the line from Pamlico 
Point to Willow Point 35° 19' 24" N - 76° 
28' 56" W running westerly parallel to the 
shoreline at a distance of no more than 
1000 yards to a pomt 35° 19' 24" N - 76° 
29' 09" W; thence running 218° (M) 900 
yards to a point 35° 19' 02" N - 76° 29' 
24" W 100 yards from shore; thence 
westerly parallel to the shoreline at a dis- 
tance of 100 vards to a point 35° 19' 02" 
N - 76° 29' 59" W; thence 006° (M) 950 
yards to a point 35° 19' 30" N - 76° 30' 
00" W; thence westerly parallel to the 
shoreline at a distance of 1000 vards to a 
point 35° 20' 06" N - 76° 32' 54" W; 
thence 198° (M) 550 yards to a point 400 
yards from shore 35° 19' 49" N - 76° 32' 
59" W; thence parallel to the shoreline at 
a distance of 400 vards to a point 35° 19' 
50" N - 76° 33' 27" W; thence 008° (M) 
to a point 1000 yards from shore 35° 20' 
09" N - 76° 33'" 27" W; thence westerly- 
parallel to the shoreline at a distance of 
1000 yards to a point 35° 20' 12' N - 76° 
33' 55" W; thence 191° (M) to a point 400 



157 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



yards from shore 35° 19' 55" N - 76° 33' 
56" W; thence westerly parallel to the 
shoreline at a distance of 400 yards to a 
point 35° 20' 00" N - 76° 34' 34" W; 
thence 004° (M) 600 yards to a point 1000 
yards from shore 35° 20' 19" N - 76° 34' 
35" W; thence westerly parallel to the 
shoreline at a distance of 1000 yards to 
Green Flasher No. 1; thence 248° (M) 
parallel to the ICWW to a point off 
Fulford Point 35° 19' 59" N - 76° 36' 41" 
W; thence 171° (M) to a point on Fulford 
Point 35° 19' 41" N -76° 36' 34" W. 

(B) (&} All coastal waters and tributaries of 
Oyster Creek, James Creek, Middle Prong 
and Clark Creek. 

(C) fe) All coastal waters of Goose Creek: 
(i) In that area bound by a line beginning 

at a point on Reed Hammock 35° 20' 
24" N - 76° 36' 51" W running 171° (M) 
300 yards to a point 35° 20' 16" N - 76° 
36' 48" W; thence parallel with the 
shoreline no more than 300 yards from 
shore to a point 35° 20' 09" N - 76° 37' 
10" W; thence 302° (M) 300 yards to a 
point on shore 35° 20' 13" N - 76° 37' 
19" W. 

(ii) In that area bound bv a line beginning 
at a point on shore 35° 19' 58" N - 76° 
37' 33" W; running 291° (M) 300 yards 
to a point 35° 19' 57" N - 76° 37' 21" 
W; thence parallel to the shoreline no 
more than 300 yards from shore to a 
point 35° 18' 16" N - 76° 37' 16" W; 
thence 292° (M) to a point on the north 
shore of Snode Creek 35° 18' 15" N - 
76° 37' 27" W. 

(iii) In that area bound by a line begin- 
ning at a point at the mouth of Goose 
Creek 35° 19' 59" N - 76° 36' 41" W; 
running 348° (M) to Green Daymarker 
No. 5; thence south parallel to the 
shoreline no more than 300 yards from 
shore to a point 35° 18' 12" N - 76° 37' 
07" W; thence 112° (M) to Store Point 
35° 18' 09" N- 76° 36' 57" W. 

(iv) Between the line from Store Point to 
Snode Creek and a line beginning at a 
point on Fong Neck Point running 
264° (M) through Beacon No. 15 to 
Huskie Point from the shoreline to no 
more than 150 yards from shore. 

(v) All coastal waters southeast of the line 
from Fong Neck Point through Beacon 
No. 15 to Huskie Point. 

(vi) Campbell Creek - west of a line from 
a point on Huskie Point 35° 17' 00" N 
- 76° 37' 06" W running 004° (M) to 



Pasture Point 35° 17' 20" N - 76° 37' 
08" W, to the Inland-Commercial line. 

(D) (4} All coastal waters bound by a line 
beginning on Reed Hammock 35° 20' 24" 
N -76° 36' 51" W running 171° (M) to a 
point 35° 20' 16" N - 76° 36' 47" W; 
thence 100° (M) 800 yards to Red 
Daymarker No. 4; thence 322° (M) 1200 
yards to a point 35° 20' 40" N - 76° 36' 
48" W; thence westerly parallel to the 
shoreline at a distance of 300 yards to a 
point m Bond Creek 35° 20' 40" N - 76° 
41' 37" W; thence 199° (M) to a point on 
the south shore of Muddy Creek 35° 20' 
18" N - 76° 41' 34" W, including all waters 
of Muddy Creek up to the Inland-Coastal 
boundary line. 

(E) (*) Along the west shore of Bond Creek 
from Fork Point to the Coastal- Inland 
boundary line from the shoreline to no 
more than 50 yards from shore. 

(F) ff4 All coastal waters of South Creek 
upstream of a line beginning at a point on 
Fork Point 35° 20' 45" N - 76° 41' 47" W 
running 017° (M) to a point on Hickory 
Point 35° 21' 44" N - 76° 41' 36" W. 

(G) fg-} In that area bound by a line begin- 
ning at a point at the six foot depth con- 
tour south of Hickory Point 35° 21' 33" 
N - 76° 41' 39" W; thence easterly fol- 
lowing the six foot depth contour to a 
point off the east end of Indian Island 35° 
21' 42" N - 76° 38' 04" W; thence 270° 
(M) to a point on the east end of Indian 
Island 35 D 21' 38" N - 76° 38' 36" W; 
thence following the shoreline of Indian 
Island to a point on the west end 35° m- 
2F 37" N - 76° 39' 40" W; thence 293° 
(M) toward Daymarker No. 1 to a point 
at the six foot depth contour 35° 21' 46" 
N - 76° 40' 16" W; thence following the 
six foot depth contour in a westerly di- 
rection to a point off Fong Point 35° 22' 
42" N - 76° 42' 44" W; thence 233° (M) 
to a point on shore 35° 22' 24" N - 76° 
43' 05" W. 

(H) <^rf Beginning at a point on shore near 
I ong Point 35° 22' 29" N - 76° 43' 25" 
W, running 001° (M) to a point 300 yards 
offshore 35° 22' 39" N - 76° 43' 26" W; 
thence westerly parallel to the shoreline 
at a distance of 300 yards to a point 35° 
22' 39" N - 76° 43' 59" W; thence 209° 
(M) to a point on shore 35° 22' 30" N - 
76° 44' 03" W. 

(I) (+} Beginning at a point on shore 35° 22' 
30" N - 76° 44' 27" W, running 355° (M) 
to a point offshore 35° 22' 40" N - 76° 44' 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



15S 



PROPOSED RULES 



31" W; thence westerly parallel to the 
shoreline at a distance of 300 yards to a 
point 35° 22' 53" N - 76° 45' 00" W; 
thence running 251° (M) to a point on 
shore 35° 22' 46" N - 76° 45' 14" W. 
(J) ($■ Beginning at a point on shore 35° 22' 
54" N - 76° 45' 43" W; running 003° (M) 
to a point offshore 35° 23' 03" N - 76° 45' 
43" W; thence westerly parallel to the 
shoreline at a distance of 300 yards to the 
intersection of a line beginning on the 
north shore at Gum Point 35° 25' 09" N 
- 76° 45' 33" W; running 210° (M) to a 
point on the south shore 35° 23' 28" N - 
76° 46' 26" W. 
(K) (4*) All coastal waters west of a line be- 
ginning on the north shore at Gum Point 
35° 25' 09" N - 76° 45' 33" W running 
210° (M) to a point on the south shore 
35° 23' 28" N - 76° 46' 26" W. 
(L) fty On the north side of Pamlico River 
bound by a line beginning at the inter- 
section of the line from Gum Point to the 
south shore 500 yards from shore 35° 24' 
55" N - 76° 45' 39" W running easterly- 
parallel to the shoreline at a distance of 
500 yards to a point at the six foot con- 
tour near Adams Point 35° 23' 08" N - 76° 
35' 59" W. 
(M) ffftf .All waters and tributaries of North 
Creek except the marked navigation 
channel. 
(N) f«4 In that area bound by a line begin- 
ning at a point at the six foot contour near 
Adams Point 35° 23' 08" N - 76° 35' 59" 
W running westerly following the six foot 
depth contour to a point off Wades Point 
35° 23' 28" N - 76° 34' 09" W. 
(O) {b^ Pungo River: 
(i) Bound by a line beginning at Wades 
Pomt 35° 23' 16" N - 76° 34' 30" W 
running 059° (M) to a point at the six 
foot depth contour, 35° 23' 28" N - 76° 
34' 09" W; thence northerly following 
the six foot depth contour to a point 
near Beacon No. 3 35° 25' 44" N - 76° 
34' 46" W; thence 272° (M) 950 yards 
to a point on shore 35° 25' 41" N - 76° 
35' 22" W. 
(ii) Bound by a line beginning at a point 
on shore 35° 25' 50" N - 76° 35' 37" 
W running 050° (M) 1150 yards to a 
point at 35° 26' 17" N - 76° 35' 10" 
W; thence northerly following the six 
foot depth contour to a point 35° 26' 
54" N - 76° 36' 09" W; thence 314° (M) 
350 yards to a point on shore 35° 27' 
00" N - 76° 36' 20" W. 



(iii) Bound by a line beginning at a point 
on shore 35° 27' 14" N - 76° 36' 26" 
W running 077° (M) 800 yards to a 
pomt 35° 27' 23" N - 76° 36' 02" W; 
thence northerly following the six foot 
depth contour to a point off Windmill 
Point 35° 30' 50" N - 76° 38' 09" W; 
thence 076° (M) to a point 200 yards 
west of Daymarker No. 3 35° 31' 21" 
N - 76° 36' 37" W; thence 312° (M) to 
a point at the "Breakwater" 35° 31' 36" 
N - 76° 37' 05" W. 

(iv) All coastal waters bound by a line 
beginning at a point at the 
"Breakwater" 200 vards northeast of 
Beacon No. 6 35° 31' 47" N - 76° 36' 
51" W running 132° (M) to a point 200 
yards from Davmarker No. 4 35° 31' 
31" N - 76° 36' 21" W; thence running 
102° (M) to a point 35° 31' 28" N - 76° 
35' 59" W; thence running 010° (M) to 
Beacon No. 1; thence running 045° (M) 
700 yards to a point on shore 35° 32' 
22" N - 76° 35' 42" W. 

(v) All coastal waters north and east of a 
line beginning at a point on shore west 
of Lower Dowry Creek 35° U- 34^ 32_ 
2jT N - 76° 35' 332 0T W running 177° 
(M) 1950 yards to a point 200 yards 
north of Davmarker No. 1 1 35° *&-Z¥- 
3T3TN- 76° 35' W- 0£ W; thence 
easterly parallel to the marked naviga- 
tion channel at a distance of 200 yards 
to a point on the shore northwest of 
Wilkerson Creek 35° 33' 13" N - 76° 27' 
36" W. 

(vi) All coastal waters south of a line be- 
ginning on shore south of Wilkerson 
Creek 35° 33' 02" N - 76° 27' 20" W 
running westerly parallel to the marked 
navigation channel at a distance of 200 
yards to a point southeast of 
Daymarker No. 14 35° 31' 05" N - 76° 
32' 34" W; thence running 208° (M) to 
a point on shore 35° 30' %&- 28" N - 76° 
32' $%i 47" W. 

(vii) All coastal waters bound by a line 
beginning on shore east of Durants 
Point 35° 30' 29" N - 76° 33' 25" W 
running 347° (M) to a point southwest 
of Daymarker No. 12 35° 31' 08" N - 
76° 33' 53" W; thence westerly parallel 
to the marked navigation channel at a 
distance of 200 vards to a point south 
of Beacon No. 'lO 35° 31' 08" N - 76° 
35' 35" W; thence running 185° (\1) to 
a point at the six foot depth contour 
between Beacon No. 8 and the eastern 



159 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



shore of Pungo River 35° 30' 08" N - 
76° 35' 28" W; thence following the six 
foot depth contour to a point 35° 28' 
09" N - 76° 33' 43" VV; thence 127° (M) 
to a point on shore 35° 28' 00" N - 76° 
33' 25" W; thence 159° (M) to a point 
at the six foot depth contour 35° 27' 
40" N - 76° 33' 12" W including the 
waters of Slades Creek and its 
tributaries; thence 209° (M) to a point 
on shore 35° 27' 22" N - 76° 33' 21" 
W; thence 272° (M) to a point at the six 
foot depth contour 35° 27' 18" N - 76° 
33' 53" W; thence southerly following 
the six foot depth contour to a point 
south of Sandy Point 35° 26' 35" N - 
76° 33' 50" W; thence 087° (M) to a 
point on shore 35° 26' 38" N - 76° 33' 
34" W. 
(viii) In that area bound by a line begin- 
ning at a point on shore 35° 26' 20" N 

- 76° 33' 18" W running 176° (M) to a 
point at the six foot depth contour 35° 
26' 05" N - 76° 33' 13" W; thence 
southerly following the six foot depth 
contour throughout Fortescue Creek to 
a point off Fortescue Creek 35° 25' 44" 
N - 76° 32' 09" W; thence 145° (M) to 
a point on shore 35° 25' 36" N - 76° 32' 
01" W. 

(ix) In that area bound by a line begin- 
ning at a point on shore 35° 25' 20" N 

- 76° 32' 01" W running 258° (M) to a 
point at the six foot depth contour 35° 
25' 17" N - 76° 32' 18" W; thence fol- 
lowing the six foot depth contour to a 
point 500 yards west of Currituck Point 
35° 24' 30" N - 76° 32' U^ 4T W; 
thence southeasterly parallel to the 
shoreline and including Abel Bay at a 
distance of 500 yards to a point at the 
intersection of the line from Pamlico 
Point to Willow Point 35° 22' 09" N - 
76° 28' 48" W. 

(6) In Bay River west of a line beginning at 
a point on Maw Point 35° 09' 02" N - 
76° 32' 09" W running 022° (M) to a point 
on Bay Point 35° 11' 02" N - 76° 31' 34" 
W, pots may be used in the following 
areas: 

(A) (*} In that area beginning at a point on 
Maw Pomt 35° 09' 02" N - 76° 32' 09" 
VV; running 018° (M) to Green 
Daymarker No. 1; thence 223° (M) to a 
point on shore in Fisherman Bay 35° 09' 
m 18" N - 76° 32' M^ 2T W. 

(B) fb} In Fisherman Bay bound by a line 
beginning at a point on the shore west of 



Maw Point 35° 09' 18" N - 76° 33' 02" 
W; thence 351° (M) 3200 yards to lighted 
Beacon No. 3 in Bay River; thence 230° 
(M) 1200 yards to a point on the shore 
35° 10' 24" N - 76° 34' 00" W. 

(C) fe4 In that area bound by a line begin- 
ning at a point on the east shore at the 
mouth of Bonners Bay 35° 10' 05" N - 76° 
35' 18" W; thence 306° (M) 300 yards to 
a point in Bay River, 35° 10' 10" N - 76° 
35' 30" W; thence parallel to the shoreline 
no more than 300 yards from shore to a 
point in Bav River 35° 10' 40" N - 76° 34' 
42" W; thence 188° (M) to a point on 
shore 35° 10' 27" N - 76° 34' 42" W. 

(D) (4) In Bonner Bay bound by a line be- 
ginning at a point on the east shore 35° 
10' 05" N - 76° 35' 18" W running 306° 
(M) 200 yards to a point 35° 10' 09" N - 
76° 35' 25" W; thence parallel to the 
shoreline no more than 200 yards offshore 
to a point 35° 09' 16" N - 76° M- Z& 3y 
18" W; thence 097° (M) 200 vards to a 
point on shore 35° 09' 16" N - 76° 35' 13" 
W. 

(F) tef In Bonner Bay, Spring Creek and 
Fong Creek south of a line beginning at a 
point on the east shore 35° 09' 16" N - 76° 
35' 13" W running 274° (M) to a point 
on the west shore 35° 09' 14" N - 76° 35' 
43" W. 

(F) (£} In Bonner Bay bound by a line be- 
ginning at a point on the west shore 35° 
09' 14" N - 76° 35' 44^ 4£ W running 
094° (M) 100 yards to a point 35° 09' 13" 
N - 76° 35' 39" W; thence parallel to the 
shoreline no more than 100 yards offshore 
to a point in Riggs Creek 35° 09' 15" N - 
76° 36' 08" W; thence 142° (M) to a point 
on shore 35° 09' 13" N - 76° 36' 08" W. 

(G) fg4 In that area bound by a line begin- 
ning on the south shore of Bav River west 
of Bell Point 35° 09' 40" N - 76° 40' 00" 
W, running 314° (M) to a point 200 yards 
offshore 35° 09' 43" N - 76° 40' 06" W; 
thence no more than 200 yards from the 
shoreline to a point 35° 09' 53" N - 76° 
36' 45" W; thence 102° (M) to a point 35° 
09' 50" N - 76° 35' 54" W; thence 181° 
(M) to a pomt 35° 09' 36" N - 76° 35' 51" 
W; thence 237° (M) to a point in Riggs 
Creek 35° 09' 18" N - 76° 36' 12" W; 
thence 322° (M) to a point on shore at the 
mouth of Riggs Creek 35° 09' 21" N - 76° 
36' 18" W. 

(H) fb4 In that area on the south side of 
Bay River bound by a line beginning at a 
point on shore at the confluence of Bay 



6:3 NORTH CAROLINA REGISTER May I, 1 99 1 



160 



PROPOSED RULES 



River and Trent Creek 35° 08' 27" N - 76° 
43' 12" W running 016° (M) 150 yards to 
a point 35° 08' 31" N - 76° 43' 11" W; 
thence no more than 150 yards from shore 
to a point *4^ 35°. 08' &¥■ 57" N - 76° 
40' 19" W; thence 116° (M) to a point on 
shore at Moores Creek M^ 3£ 08' 57" 
N - 76° 40' 14" W. 

(_I| fi} In Bay River and Trent Creek west 
of a line beginning at a point on the south 
shore 35° 08' 27" N - 76° 43' 12" W run- 
ning 016° (M) to a point on the north 
shore 35° 08' 39^41" N- 76° 43' 09" W. 

(Jj f^ In that area on the north shore of 
Bay River bound by a line beginning at a 
point west of Vandemere Creek 35" 10' 
53" N - 76° 39' 42" W running 135° (M) 
150 yards to a point 35° 10' 52" N - 76° 
39' 39" W; thence no more than 150 yards 
from shore to a point at the confluence 
of Bay River and Trent Creek 35° 08' 37" 
N - 76° 43' 10" W; thence to a point on 
the north shore 35° 08' 39" N - 76° 43' 09" 
W. 

(K) fk-} In Vandemere Creek northeast of a 
line beginning at a point on the east shore 
35° IP 04" N - 76° 39' 22" W running 
315° (M) to a point on the west shore 35° 
IT 12" N - 76° 39' 36" W. 

(L) fH In that area bound by a line begin- 
ning at a point at the mouth of 
Vandemere Creek 35° 11' 04" N - 76° 39' 
22" W, running 216° (M) 200 yards to a 
point in Bay River 35° 10' 58" N - 76° 39' 
25" W; thence parallel to the shoreline no 
more than 200 yards from shore to a point 
in Bav River northwest of Beacon No. 4 
35° 10' 40" N - 76° 36' 38" W; thence 344° 
(M) 200 yards to a point on shore 35° 10' 
45" N - 76° 36' 42" W. 

(Ml f»} In that area bound by a line be- 
ginning at a point on Sanders Point 35° 
11' 19" N - 76° 35' 54" W; running 067° 
(M) 200 yards to a point 35° 11' 23" N - 
76° 35' 47" W; thence following the 
shoreline no more than 200 yards from 
shore to a point in Bav River northwest 
of Beacon No. 4 35° 10' 40" N - 76° 36' 
38" W; thence 344° (M) 200 yards to a 
point on the shore 35° 10' 45" N - 76° 36' 
42" W. 

(N) f») In that area beginning at a point on 
shore 35° JZ-Q3Z 11' 53" N - 76° 35' S& 
54" W of a line running U¥- k7C£ (M) 
*m wtftklo a point 35° 11' ^ 40" N - 
76" 35' m^ 5J_ W; thence parallel to the 
shoreline no more than 500 yards from 
shore to a point 35° 1 1' S4± 57_ N - 76° 



35' 04^ Or W; thence 304°- running 34£ 
(M) £0Q vardo to a point on shore at the 
mouth of Gales Creek 35° 12' 0^ 10" N 
- 76° 35' 12" W. 

(O) (e) In that area bound by a line begin- 
ning at a point on shore at the mouth of 
Gale Creek 35° 12" 08" N - 76° 34' 52" 
W, running 278° (M) 200 yards to a point 
in Bay River 35° 12' 08" N - 76° 35' 02" 
W; thence running parallel to the 
shoreline at a distance of 200 yards to a 
point in Bay River 35° 1 1' 32" N - 76° 33' 
24" W; thence running 352° (M) 200 yards 
to a point on shore at Dump Creek 35' 
11' 39" N - 76° 33' 25" W. 

(P) (tfi In Gale Creek except the Intra- 
coastal Waterway north of a line begin- 
ning at a point on the west shore 35° 12' 
08" N - 76° 35' 12" W running 098° (M) 
to a point on the west shore 35° 12' 08" 
N - 76° 34' 52" W. 

(Q) fq} In an area bound by a line begin- 
ning at a point on the eastern shore at the 
mouth of Rockhole Bay 35° 11' 06" N - 
76° 32' 11" W; thence 180° (M) 600 yards 
to a point in Bay River 35° 10' 49" N - 
76° 32' 09" W; thence east with the five 
foot curve 1100 yards to a point 35° 10' 
36" N - 76° 31' 30" W; thence 000° (M) 
850 yards to a point on Bay Point 35' 
11' 02" N - 76° 31' 34" W. 
(7) In the Neuse River and West Bay Area 
south and west of a line beginning at a 
point on Maw Point 35° 09' 02" N - 76° 
32' 09" W, running 137° (M) through the 
Maw Point Shoal Day Marker No. 2 and 
through the Neuse River Entrance Light 
to a point at the mouth of West Bay 35° 
02' 09" N - 76° 21' 53" W, pots may be 
set in the following areas: 

(A) f*+ /Ml coastal fishing waters northwest 
of a line beginning at a point at the mouth 
of Slocum CreelT34° 57' 02" N - 76° 53' 
42" W, running 029° (M) to a point at the 
mouth of Beards Creek 35° 00' 08" N - 
76° 52' 13" W. Pots may also be set in 
coastal fishing waters of Goose Bay and 
Upper Broad Creek. 

(B) f&} In that area bound by a line begin- 
ning at a point on the north shore at Mill 
Creek 34' 59' 34" N - 76° 51' 06" W; 
thence running 223° (M) approximately 
300 vards into the river to a point 34° 59' 
25" N - 76° 51' 14" W; thence along the 
six foot depth curve southeast to a point 
at the rock jetty 34° 58' 06" N - 76° 49' 
14" W; thence 016° (M) approximately 



161 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



300 yards to a point on the shore 34° 58' 
17" N - 76° 49' 12" W. 

(C) (e) In that area bound by a line begin- 
ning at a point on the north shore ap- 
proximately 500 yards west of Pierson 
Point 34° 58' 32" N - 76° 46' 38" W; 
thence running 171° (M) approximately 
300 yards into the river to a point 34° 58' 
24" N - 76° 46' 34" W; thence east and 
northeast along the six foot curve to a 
point in the river 34° 58' 47" N - 76° 45' 
39" W; thence 330° (M) approximately 
700 yards to a point on the shore 50 yards 
west of an existing pier 34° 59' 04" N - 76° 
45' 54" W. 

(D) (4+ In that area bound by a line begin- 
ning at a point on the north shore east of 
Dawson Creek Bridge 34° 59' 34" N - 76° 
45' 12" W; thence running 244° (M) ap- 
proximately 500 yards to Day Marker No. 
4 (entrance to Dawson Creek Channel); 
thence running east 117° (M) to a point 
34= 59' 22" N - 76° 45' 19" W; thence east 
and northeast along the six foot curve to 
a point 50 yards west of Dav Marker No. 
3 (channel to Oriental) 35° 01' 02" N - 76° 
41' 51" W; thence 303° (M) approximately 
600 yards to a point on the eastern tip of 
Windmill Point 35° 01' 10" N - 76° 42' 08" 
W. 

(E) fe} In Greens Creek (Oriental) west of 
a line at the confluence of Greens and 
Kershaw Creeks beginning at a point on 
the south shore 35° 01' 28' r N - 76° 42' 55" 
W running 005° (M) to a point on the 
north shore 35° 01' 38" N - 76° 42' 54" 
W, no more than 75 yards from the 
shoreline east of this line to the Highway 
55 bridge. 

(F) ff4 In that area bound by a line begin- 
ning at a point on Whittaker Point 35° 01' 
37" N - 76° 40' 56" W; thence running 
192° (M) approximately 500 yards to a 
point in the river 35° 01' 23" N - 76° 40' 
57" W; thence along the six foot depth 
curve northeast to a point in the river off 
Orchard Creek 35° 03' 18" N - 76° 37' 53" 
W; thence 280° (M) approximately 900 
yards to a point on the eastern tip of 
Cockle Point 35° 03' 20" N - 76° 38' 27" 
W. 

(G) fg-^ In that area bound by a line begin- 
ning at a point on the north shore near the 
mouth of Orchard Creek 35° 03' 38" N - 
76° 37' 54" W running 177° (M) approx- 
imately 400 yards to a point 35° 03' 27" 
N - 76° 37' 54" W; thence along the six 
foot depth curve to a point eastward; 



thence 174° (M) 600 yards to a point on 
the north shore 35° 03' 56" N - 76° 36' 42" 
W. 

(II) (h-^ In that area bound by a line begin- 
ning at a point on the north shore ap- 
proximately 400 yards south of Gum 
Thicket Creek 35° 04' 12" N - 76° 36' 11" 
W; thence running 132° (M) approxi- 
mately 600 yards to a point 35° 03' 55" 
N - 76° 35' 48" W; thence along the six 
foot depth curve eastward to a point 35° 
04' 10" N - 76° 34' 37" W; thence 304° 
(M) to a point on the shore 400 yards 
north of Gum Thicket Creek 35° 04' 38" 
N - 76° 35' 42" W. 

Tj fH In Lower Broad Creek east of a line 
running 188° (M) through Red Day 
Marker No. 4. No more than 150 yards 
from shore between a line running 188° 
(M) through Red Day Marker No. 4 and 
a line running 228° (M) through Green 
Marker No. 3. Pots may not be set in 

■ Burton Creek. 

(J) & Piney Point Shoal Area, in that area 
bound by a line beginning at a point on 
the north side of a creek (locally known 
as Wadin or Persimmon Creek) 35° 07' 
17" N - 76° 33' 26" W running 115° (M) 
approximately 300 yards to a point near 
the six foot depth curve 35° 07' 15" N - 
76° 33' 16" W; thence south and southeast 
along the six foot depth curve to a point 
east of the old lighthouse 35° 05' 17" N - 
76° 32' 42" W; thence 288° (M) through 
the old lighthouse to a point on shore 
north of Red Day Marker No. 2 at the 
mouth of Broad Creek 35° 05' 42" N - 76° 
35' 18" W. 

(K) fk-} In that area bound by a line begin- 
ning at a point on the south shore of Maw 
Bay 35° 08' 32" N - 76° 32' 38" W; thence 
running 114° (M) to Maw Point Shoal 
Dav Marker No. 2; thence 317° (M) to 
Maw Point 35° 08' 55" N - 76° 32' 11* 
W. 

(I.) fH In that area east of Slocum Creek 
bound by a line beginning at a point 34° 
57' 02" N - 76° 53' 42" W; thence running 
029° (M) approximately 1100 yards to a 
point 34° 57' 32" N - 76° 53' 28" W; 
thence along the six foot curve to a point 
34° 56' 34" N - 76° 49' 38" W; thence 176° 
(M) approximately 300 yards to a point 
34° 56' 26" N - 76= 49' 35" W. 

(M) f»} In that area bound by a line be- 
ginning at a point 34° 56' 22" N - 76° 49' 
05" W, running 057° (M) approximately 
1 100 yards to Day Marker "2" off Cherry 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



162 



PROPOSED RULES 



Point; thence 097° (M) approximately 200 
yards to a point 34° 56' 42" N - 76° 48' 
27" W; thence along the six foot curve to 
a point 34° 55' 10" N - 76° 45' 40" W; 
thence 187° (M) approximately 400 yards 
to a point on Temple Point 34° 54' 58" 
N - 76° 45' 40" W. 

(N) fft^ In that area southeast of a line be- 
ginning at a point at the mouth of 
Clubfoot Creek 34° 55' 20" N - 76° 45' 09" 
W running 076° (M) to a point on shore 
34° 55' 37^ N - 76° 44' 23" W. 

(O) (-»} In Clubfoot Creek south of a line 
beginning at a point on the east shore 34" 
54' 30" N - 76° 45' 26" W, running 284= 
(M) to a point on the west shore 34° 54' 
33" N - 76° 45' 43" W. Pots may be set 
50 yards from shore north of this line. 

(P) fp) In that area bound by a line begin- 
ning at the western tip of Great Island 34° 
55' 47" N - 76° 44' 50" W; thence running 
275° (M) approximately 500 yards to a 
point 34° 55' 46" N - 76° 45' 07" W; 
thence 029° (M) approximately 1400 
yards to a point 34° 56' 24" N - 76° 44' 
48" W; thence 120° (M) to a point 34° 56' 
06" N - 76° 43' 59" W; thence 232° (M) 
to a point on Great Island 34° 55' 50" N 
. 76° 44' 17" \V. 

(Q) fq} In that area bound by a line begin- 
ning at a point west of Long Creek 34° 
55' 38" N - 76° 44' 18" W running 064° 
(M) to a point 34° 55' 57" N - 76° 43' 43" 
W; thence 138° (M) to a point on shore 
at the mouth of Great Neck Creek 34° 55' 
50" N - 76° 43' 25" W. 

(R) brf In that area bound by a line begin- 
ning at a point at the mouth of Great 
Neck Creek 34° 55' 50" N - 76° 43' 25" 
W, running 318° (M) 750 yards to a point 
34° 56' 04 r N - 76° 43' 47" W; thence fol- 
lowing the shoreline no more than 750 
yards from shore to a point 34° 56' 50" N 
- 76° 43' 11" W; thence 116° (M) 750 
yards to a point on shore at Courts Creek 
34° 56' 42" N - 76° 42' 46" \V. 

(S) fe) In that area bound by a line begin- 
ning at a point on Courts Creek 34° 56' 
42" N - 76° 42' 46" W, running 296° (M) 
1000 yards to a point 34° 56' 52" N - 76° 
43' 20" W; thence parallel with the 
shoreline no more than 1000 yards to a 
point 34° 57' 53" N - 76^ 41' 59" W; 
thence 190° (M) 1000 yards to a point on 
shore 34° 57' 24" N - 76° 42' 00" W. 

('I') fH In that area bound by a line begin- 
ning at a point on shore, 34° 57' 24" N - 
76°~42' 00" W, running 010° (M) 500 



yards to a point 34° 57' 38" N - 76° 42' 
00" W; thence running parallel to the 
shoreline no more than 500 yards from 
shore to a point 34° 57' 33" N - 76° 41' 
00" W; thence 179° (M) to a point 34° 57' 
23" N - 76° 40' 58" W; thence 260° (M) 
to a point on shore at the mouth of 
Adams Creek 34° 57' 22" N - 76° 41' 10" 
W. 

(U) f»} In that area bound by a line begin- 
ning at a point on the northeast side of 
Adams Creek 34° 57' 30" N - 76° 40' 36" 
W; thence 278° (M) 225 yards offshore to 
a point 34° 57' 30" N - 76° 40' 45" W; 
thence 359° (M) to a point off Winthrop 
Point 34° 58' 26" N - 76° 40' 56" W; 
thence running 056° (M) to a point off 
Cedar Point 34° 59' 07" N - 76° 40' 04" 
W; thence 140° (M) to the shoreline on 
Cedar Point 34° 58' 50" N - 76° 39' 41" 
W. 

(V) fv} In that area bound by a line begin- 
ning at a point on Cedar Point 34° 58' 50" 
N - 76° 39' 41" W. running 320° (M) 750 
yards to a point 34° 59' 05" N - 76° 40' 
01" W; thence parallel to the shoreline no 
more than 750 yards from shore to a point 
34° 59' 16" N -'76° 39' 31" W; thence 167° 
(M) to a point on shore 34° 58' 56" N - 
76° 39' 21" W. 

(W) (->*4 In that area bound by a line be- 
ginning at a point on shore 34° 58' 56" 
N - 76° 39' 21" W running 347° (M) to a 
point 34° 59' 03' N - 76° 39' 24" W; 
thence parallel to the shoreline no more 
than 200 yards from shore to a point 34° 
59' 08" N - 76° 38' 47" W; thence 184° 
(M) to a point on shore 34° 59' 01" N - 
76° 35' 25" W. 

(X) {*} In that area bound by a line begin- 
ning at a point west of Garbacon Creek 
34° 59' 01" N - 76° 38' 43" W, running 
004° (M) 750 yards to a point 34° 59' 23" 
N - 76° 38' 46" W; thence parallel with the 
shoreline no more than 750 yards from 
shore to a point off Browns Creek 35° 00' 
20" N - 76° 33' 45" W; thence 172° (M) 
to the shoreline on the west side of 
Browns Creek 34° 59' 57" N - 76° 33' 35" 
W. 

( V) <-v} In that area bound by a line begin- 
ning at a point on shore at the mouth of 
Browns Creek 34° 59' 55" N - 76° 33' 29" 
W, running 352° (M) 750 yards to a point 
on 35° 00^22" N - 76° 33' 34" W; thence 
parallel to the shoreline no more than 750 
yards from shore to a point 35° 03' 56" N 
- 76° 28' 56" W; thence 136° (M) 750 



163 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



yards to a point on shore north of Rattan 
Bay 35° 03' 45" N - 76° 28' 32" W. 
(Z) (& In that area bound by a line begin- 
ning on the north side of Rattan Bay at a 
point on the shoreline 35° 03' 45" N - 76° 
28' 32" W; thence running 316° (M) 600 
yards offshore to a point 35° 03' 54" N - 
76° 28' 52" W; thence running parallel 
with the shoreline 600 yards offshore to a 
point 35° 04' 09" N - 76° 26' 44" W; 
thence 239° (M) 600 yards to a point on 
shore 35° 04' 57" N - 76° 27' 00" W. 
(AA) (aa} In Adams Creek: 

(i) Between a line running 080° (M) 
through Red Flasher No. 4 at the 
mouth of Adams Creek and a line be- 
ginning at a point on the south shore 
of Cedar Creek 34° 55' 52" N - 76° 38' 
49" W, running 297° (M) to a point on 
the west shore of Adams Creek 34° 56° 
03" N - 76° 39' 27" W, no more than 
200 yards from shore. 
(ii) Between a line beginning at a point 
at the mouth of Cedar Creek 34° 55' 
52" N - 76° 38' 49" W; running 297° 
(M) to a point on the west shore of 
Adams Creek 34° 56' 03" N - 76° 39' 
27" W, and a line beginning at a point 
on the east shore 34° 54' 55" N - 76° 
39' 36" W; running 280° (M) to a point 
on the west shore 34° 54' 55" N - 76° 
40' 01" W; no more than 300 yards 
from the west shore and 200 yards from 
the east shore, 
(iii) South of a line beginning at a point 
on the east shore 34° 54' 55" N - 76° 
39' 36" W, running 280° (M) to a point 
on the west shore 34° 54' 55" N - 76° 
40' 01" W, except in the marked navi- 
gation channel. 
(BB) (&b4 In South River: 

(i) Southeast of a line beginning at a 
point on the southwest shore 34° 58' 
35" N - 76° 35' 25" W, running 049° 
(M) through Red Flasher No. 2 to a 
point on the northeast shore 34° 59' 07" 
N - 76° 34' 52" W, no more than 200 
yards from the shoreline, 
(ii) That area bound by a line beginning 
at a point on the southwest shore 34° 
58' 35" N - 76° 35' 25" W, running 049° 
(M) to Red Flasher No. 2; thence run- 
ning 207° (M) to a point north of 
Hardy Creek 34° 58' 13" N - 76° 35' 22" 
W; thence following the shoreline to the 
point of beginning. 
(CC) {ee} In Turnagain Bay: 



(i) Between a line running 077° (M) 
through Green Flasher No. 1 and a line 
beginning at a point on the east shore 
34° 59' 04" N - 76° 29' 01" W; running 
276° (M) to a point on the west shore 
34° 59' 03" N - 76° 29' 28" W, no more 
than 300 yards on the east shore and 
100 yards on the west shore. 

(ii) Between a line beginning at a point 
on the east shore 34° 59' 04" N - 76° 
29' 01" W, running 276° (M) to a point 
on the west shore 34° 59' 03" N - 76° 
29' 28" W, and a line beginning at a 
point on the east shore 34° 57' 56" N 

- 76° 29' 25" W, running 275° (M) to a 
point on the west shore 34° 57' 58" N - 
76° 29' 44" W, no more than 150 yards 
from shore. 

(DP) $4*fy In Cedar Bav east of a line be- 
ginning at a point 35° '00' 51" N - 76° 29' 
42" W running 023° (M) to a point 35° 
01' 09" N - 76° 29' 37" W, not more than 
200 yards from the shoreline. 
(EE) £ee} In West Bay - North Bay area: 
(i) In that area bound bv a line beginning 
at a point 35° 02' 32"' N - 76° 22' 27" 
W; thence southwest 220° (M) to 
Marker No. 5 \VB; thence southeast 
161° (M) to a point m West Bay 35° 00' 
34" N - 76° 21' 50" W; thence southwest 
184° (M) to Deep Bend Point 34° 58' 
36" N - 76° 21' 48" W; thence following 
the shoreline of West Bay and North 
Bay to a point 35° 02' 09" N - 76° 21' 
53" W; thence 317° (M) to the begin- 
ning point. 
(ii) In West Bay bound by a line begin- 
ning at a point on shore 35° 03' 34" N 

- 76° 26' 24" W, running 033° (M) 100 
yards to a point 35° 03' 38" N - 76° 26' 
23" W; thence parallel to the shoreline 
no more than 100 vards from shore to 
a point 35° 00' 06" N - 76° 25' 24" W, 
running 278° (M) to a point on shore 
35° 00' 06" N - 76° 25' 28" W. 

(iii) In West Bay bound by a line begin- 
ning at a point 35° 00' 06" N - 76° 25' 
28" W, running 098° (M) 500 yards to 
a point 35° 00' 06" N - 76° 25' 12" W; 
thence 171° (M) 2800 yards to a point 
34° 58' 45" N - 76° 24' 42" W; thence 
270° (M) 1400 yards to a point on shore 
34° 58' 39" N - 76° 25' 22" W. 
(FF) ffi4 In West Thorofare Bay and Merkle 
Bay south and southeast of a line begin- 
ning at a point in West Bay at Tump 
Point 34° 58' 42" N - 76° 22' 49" W; 
thence southwest 258° (M) to Marker Fl 



6:3 NORTH CAROLINA REGISTER May I, 1991 



164 



PROPOSED RULES 



R15 ft. 3M 8 WB; thence southwest 203° 
(M) to Long Bav Point 34° 57' 52" N - 
76° 24' 12' W. 
(GG) fgg} In Long Bay: 

(i) In that area bound by a line beginning 

at a point on the south side of Stump 

Bav in Long Bay 34° 57' 13" N - 76° 

27' 12" W; running northeast 077° (M) 

across Stump Bav to a point 34° 57' 39" 

N - 76° 25' 51" W; thence 032° (M) to 

a point 34° 58' 39" N - 76° 25' 22" W, 

following the shoreline to the beginning 

point. 

(ii) Southwest of a line beginning on the 

west shore 34° 57' 13" N - 76° 27' 12" 

W, running 134° (M) to a point on the 

east shore at Swimming Point 34° 56' 

46" N - 76° 26' 26" W. 

(iii) In the area bound by a line beginning 

at a point on shore at Swimming Point 

34° 56' 46" N - 76° 26' 26" W, running 

314° (M) 300 vards to a point 34° 56' 

52" N - 76° 26' 33" W; thence parallel 

to the shoreline no more than 300 yards 

from shore to a point 34° 58' 03" N - 

76° 24' 10" W; thence 203° (M) to Long 

Bav Point 34° 57' 52" N - 76° 24 12" 

W. 

( H H ) (kfcfc) Raccoon Island, on the northeast 

shore between a point on the northwest 

shore 35° 04' 27" N - 76° 26' 16" W and 

a point on the southwest shore 35° 04' 00" 

N - 76° 25' 33" W from the shoreline no 

more than 150 yards from shore; on the 

south and west shores, no more than 50 

yards from the shoreline. 

(8) Core Sound, Back Sound and the Straits 
and their tributaries. 

(9) North River: 

(A) fa} In that area bound by a line begin- 
ning at a point on the shore on the east 
side of North River south of Goose Bav 
34 : 43' 35" N - 76° 34' 55" W; thence 
running 252° (M) to a point in the river 
34° 43 r 28" N - 76° 35' 14" W; thence 
running 355° (M) to a point in the river 
34 : 45' 20" N - 76° 2,5' 45" W; thence 
running 060° (M) to a point in the river 
34° 45' 45" N - 76° 35' 04" W; thence 
running 165° (M) to a point on the shore 
at the mouth of South Leopard Creek 34° 
45 36" N - 76° 34' 59" W; thence with the 
shoreline to the point of beginning. 

(B) fb} In that area bound by a line begin- 
ning at a point on the west side of North 
River near Steep Pomt 34° 43' 40" N - 76° 
37' 20" VV; thence running 040° (M) to a 
point 34= 44' 25" N - 76° 36' 36" W; 



thence running 291° M 300 yards to a 
point 34° 44' 37" N - 76° 36' 45" W; 
thence running 219° (M) to a point 34° 
44' 13" N - 76° 37' 05" W; thence running 
307° (M) to a pomt 34° 44' 16" N - 76° 
37' 12" VV; thence running 018° (M) to a 
point 34° 45' 20" N - 76° 36' 56" W fol- 
lowing the shoreline to the beginning 
point. 

(C) fe) In that area of the North River 
marshes bound by a line beginning at Red 
Flasher No. "6" running 038° (M) along 
the southeast side of Steep Point Channel 
through Red Day Marker No. "8" to a 
point 34° 44' 08" N - 76° 36' 52" W; 
thence 125° (M) to a point 34° 43' 48" N 

- 76° 36' 08" W; thence 144° (M) to a 
point 34° 43' 30" N - 76° 35' 47" W; 
thence 188° (M) to a point 34° 42' 23" N 

- 76° 35' 47" W; thence 221° (M) to Red 
Flasher No. "56"; thence 278° (M) .to a 
point 34° 42' 14" N - 76° 36' 43" W; 
thence 346° (M) to a point 34° 42' 45" N 

- 76° 36' 58" W; thence 008° (M) to a 
point 34° 43' 14" N - 76° 36' 58" W; 
thence 318° (M) to the beginning point. 

(D) f44 In the area north of a line beginning 
on the east shore at 34° 46' 11" N - 76° 
35' 13" W; thence running 270° (M) to a 
point on the west shore at 34° 46' 11" N 

- 76° 37' 01" W. 
(10) Newport River: 

(A) fa) In that area bound by a line begin- 
ning at a point on the south shore 34° 45' 
30" N - 76° 43' 10" W; thence running 
026° (M) to a point on the north shore 
of Newport River 34° 46' 33" N - 76° 42' 
46" W; thence with the shoreline to 
Beacon No. 24 in Core Creek; thence 
south with the Intracoastal Waterway to 
a point near Newport Marshes 34° 44' 56" 
N - 76° 45' 38" W; thence 274° (M) to 
Crab Point 34° 44 54" N - 76 : 42' 12" 
W; thence with the shoreline to the be- 
ginning point. 

(B) fb} In that area bound by a line begin- 
ning at a point on the shore on the south 
side of Russell's Creek 34° 45' 28" N - 76° 
39' 46" W running 278° (M) 1000 yards 
to Quick Flasher Beacon No. 29 in the 
Intracoastal Waterway; thence running 
173° (M) 1700 vards with the shoal to a 
point 34° 44' 37" N - 76° 40' 06" W; 
thence 195° (M) 1050 yards to a point on 
Gallant Pomt 34° 44' 06" N - 76° 40' 11" 
W; thence east and north with the 
shoreline to the beginning point. 



165 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



(C) (e) In the mouth of Harlowe Creek 
north of a line beginning at a point near 
White Rock 34° 46' 28" N - 76° 43' 28" 
W, running 089° (M) to a point 34° 46' 
33" N - 76° 42' 46" W. 

(11) Bogue Sound: 

(A) (a) In that area bound on the west by 
a line beginning at a point 34° 43- 1 444 40' 
5£ N - 76° 49^ 34^ 55^ 5£ W on the 
south shore of Bogue Sound (locally 
known a* McGinnis Point) running 94S°- 
001° (M) to Channel Marker No. 26 at 
a point » Boguo Sound 34° 44 : 43-^- 4Z 
47" N - 76° 42- 34^ 5£ 2T W near the 
mouth of Broad Creek and bound on the 
east by the thunco running (W (444 to 
Atlantic Beach Bridge. 44°- 44^ 48^ 4v - 
J4£ 44: 431 W7 thonc e 444°- (444 to a pern* 
e» the ohoro at 44af I anding IZety- 44°- 43^- 
4Q1 X . 942 43: 431 W-t thonc e 44^ (444 
to a point &» Boguo Banko 44°- 43 : 04^ N 
- 46°- 43^ 44^ W7 thonco with the nhorolino 
to the beginning point. 

(B) (4>) In that area north of the Intracoastal 
Waterway beginning at the Atlantic Beach 
Bridge and running parallel with the 
Intracoastal Waterway to Channel Marker 
(Beacon) No. 39 at Bogue (Guthrie 
Point). 

(C) {&) In that area on the north side of the 
Intracoastal Waterway from the Old Ferry 
Channel to the Highway 58 bridge. 

(12) Designated primary nursery areas in all 
coastal fishing waters which are listed in 
Rule 15A NCAC 3R .0003, except 
Burton Creek »ff Low e r Broad Crook » 
Pamlico County, north of a line begin- 
ning on the west shore 35° 05' 36" N - 76^ 
36_ 3JT W running 065° (M) to a point on 
the east shore 35° 05' 42" N - 76° 36' 17" 
W. 

(13) West and south of the Highway 58 Bridge 
at Emerald Isle from May 1 through Oc- 
tober 31 in areas and during such times 
as the Fisheries Director shall designate 
by proclamation. 

(h) It is unlawful to use pots from May 1 
through October 31 in the areas described in 
Subparagraphs (b)(1) through ( 12) of this Rule 
except in accordance with 15A NCAC 3J 
.0301(a)(2)(B): 

( 1 ) In 1 ong Shoal River north of a line be- 
ginning at Pingleton Point on the west 
shore 35° 34' 32" N - 75° 52' 54" W run- 
ning 102" (M) to a point on the east shore 
35° 34' 28" N - 75° 51' 00" W. 



(A) Bound by a line beginning at a point 
on the south shore of Lone Tree Creek 
3£ 2£ r N - 7£ 02 Oy W running 
239° (M) 1000 yards to a point 35° 24' 46" 
N- 76° 02' 32" W; thence 336° (M) 2200 
yards to a point 35° 25' 42" N - 76° 03' 
16" W^ thence 062° (M) 750 yards to a 
point on shore 35° 25' 54" N - 76° 02' 54" 
W; thence following the shoreline and the 
Lone Tree Creek primary nursery area 
line to the beginning point. 

(B) Bound by a line beginning at a point 
on the south shore at Mt. Pleasant Bay 
3^2j:orN-76_°_0£irW running 
083° (M) 1200 yards to a point 35° 23' 17" 
N - 7£ 03_ iT W, thence 023° (M) 2400 
yards to a point 35° 24' 35" N - 76° 04' 
00" Wi thence 299° (M) 1100 yards to a 
point on shore 35° 24' 38" N - 76° 04' 48" 
W; thence following the shoreline and the 
Browns Island and Mt. Pleasant Bay pri- 
mary nursery area line to the beginning 
point; except pots may be set no more 
than 50 yards from the shoreline. 

(3) In Juniper Bay bound by a line beginning 
at a point on Juniper Bay Point 35° 20' 
JjT N - 7£ L3_ 2T W running 275° (M) 
2300 yards to a point 35° 20' 15" N - 76° 
14' 45" \V; thence 007° (M) 2100 yards to 
Davmarker No. 3^ thence 040° (M) 1100 
yards to a point on shore 35° 21' 45" N^ - 
76° 14' 24" \V; thence following the 
shoreline and the Buck Creek primary 
nursery area line to the beginning point . 

(4) In that area bound by a line beginning at 
Beacon No. 1_ at the mouth of Deep Cove 
running 314° (M) 1400 yards to a point 
on shore 35° 20' 12" N - 76° 24' 1 S ' W; 
thence 206 J (M) 3250 yards to a point 35° 
jj£ 4(r N " 7i! 24 5£ W^ thence 128° 
(M) 2000 yards to a point 35° 18' 1 1 " N - 
7£ 23_ 5\_ W. thence 1 5° (M) through 
the "Dope Boat" Beacon 3250 yards to 
the beginning point. 



L2 



(2) In Wysocking Bay: 



In Rose Bay bound by a line beginning 
■M a point southwest ot Swan Point 35 
23 "56" N - 762 23_ 3JT W running 288° 
(M) 1500 yards to a point 35° 24' 03" N - 
76° 24' 33" W; thence 162° (M) 1650 yards 
to a point 35° 23' 19" N - 76° 24' 04" 
W; thence 084° (M) 1350 yards to a point 
on shore 35° 23' 29" N - 76° 23' 17" W; 
thence following the shoreline to the be- 
ginning point. 

hi Spencer Bay hound hv a line beginning 
at a point on shore at Willow Point 35° 
22_ 2(±_ N - 76°_ 2£ 0f£ W running 059° 
(M) 1700 yards to a point 35° 22' 57" N - 



6:3 NORTH CAROLINA REGISTER May I, 199 1 



166 



PROPOSED RULES 



76° 27' 13" W; thence 317° (M) 1500 yards 
to a point 35° 23' 25" N - 76° 27' 57" W; 
ihcncc 243 ( M ) 13DII \;iaN to a rxmit on 

shore ^^OTNlZ^^l^Wi 
thence following the shoreline to the be- 
ginning point. 
(7) In Pungo River: 

(A) Beginning at a point on shore north 
of Grassy Point 35° 25' 41" N - 76° 35' 
22" W running 092° (M) to a point near 
Beacon "No_ 3 3£ 25_ 4£ N -~ 76° 3£ 46_2 
W; thence running 338° (M) to a point 
Ml 2£ YT_ N : 7£ 35' 10" W; thence 
running 230° (M) to a point on shore 35° 
25' 50" N - 76° 35' 37' W. 

(B) Beginning at a point on shore south 
of Jordan Creek 35° 27' 00" N - 76° 36' 

134° (M) to a point 35° 



20" 



W running 



26_ >4_ N - 76° 36' 09" W; thence running 
020 (M) to a point 35°. 27 2Y N - 7£ 
36_ 02_ W, thence running 257° (M)~to a 
point on shore 35° 27' 14 N - 76' 36' 26" 
W. 

(C) Beginning at a point on shore south 
of Sandv Point 35° 26' 38" N - 76° 33' 34" 
W, thence 267° (M) to a point 35° 26' 35" 
N - 76° 33_ 5TT W^ thence running 143° 
(Ml to a point ^26_i]y_^_-_2£_ii_ir_ 
W ; thence running 356' (M) to a point 
on shore 35° 26' 20" N - 76° 33' 18" W. 

(D) Beginning at a point on shore south 
of Fortescue Creek 35° 25' 36" N - 76° 32' 
01 ' W running 325° (M) to a p'oint off 
Fort Creek 35° 25' 44" N - 76° 32' 09" 
W; thence running, 202° (\1) to a point 
35_ 25_ \1_ N ; JK 32' 18" W; thence 
running 078° (\1) to a point on shore 35° 
25_20_N-76° 32' 01" W. 

(8) In Pamlico River: 

(A) Beginning at a point 400 yards from 
shore 35° 19' 49" N - 76° 32' 59" W; 
thence running 018° (M) to a point 35° 
20_06_; N - 76° 32' 54" W; thence running 
287° (Ml to a point 35° 20' 09" N - 76° 
33_ 27_ W, thence running 188° (M)"to a 
point Wl9_5±TS-_WW2r\^ 
theik c ictiinnng to the beginning point 
35° 19' 49" N - 76° 32' 59" W, 

(B) Beginning at a point 35° 19' 55" N - 
76^ 3J 5£ W, thence running 011° (M) 
to a point 35° 20' 12" N - 76° 33' 55" W; 
thence running 288° (\1) to a point 35° 
20/ FT N - 76° 34' 35" W; thence running 
184° (Ml to a point 35° 20' 00;' N : 76° 
34' 34" W; thence running 104° (M) to the 
beginning point 35° 19' 55" N - 76° 33' 
56" W. 



(C) Beginning at a point 100 yards from 
shore 35° j9_ QT N : 76° 29' 24" W; 
thence running 038° (M) to a point 35° 
\9_ 2£ N - 76° 29_ iW_ W^ thence running 
288° (Mi t£ a Point 3£ \9_ W N - 7£ 
30_ OCT W, thence running 182° (M)~to a 
point 35° 19' 02;; N : 76° 29' 59" W; 
thence running 099° (M) to the beginning 
point 35° 19 02" N - 76° 29_ 24" W. 

(9) In that area north of the target ship be- 
ginning at a point 35° 14' 25" N - 76^ 27' 
05" W; running 071° (M) 2000 yards to a 
point 35° 14' 52" N - 76° 26_ 00" W; 
thence 168° (\1) 1800 yards to a point 35° 
b£ Or N - 7£ 25_ 39_; ^ thence 273° 
(M) 2000 yards to a point 35° 13' 57" N - 
76° 26; 55_ Wl t'hence 350° (M) 1000 
yards to the beginning point. 

( 1 ) In an area at the mouth of Bay River 
bound bv a line beginning at a point on 
Maw Point" 35° 08' 55" N - 76° 32' 10" 
020° (Ml 1600 yards to 



W running 



Davmarker No. F thence 134° (M) 3800 
\ards to Neuse River Junction Quick 
Flasher: thence 23t» (M) PDi) yards to 
Red Day Marker No. 2PA: thence 314° 
( M ) 2750 yards to the beginning point . 

(11) In Bay River, beginning at a point on 
shore at Moore Creek 35° 08' 51" N - 76° 
40 14" W: running 296° (M) to a point 
3J2 08^ 59_; N : 7£ 5JT IT VV. thence no 
more than 1 50 yards from shore to a point 
352 09_ 4T 2i : IK. 121 !1£ W; " thence 
running 1 34 (M) to a point on shore west 
of Bell Point 35° 09' 40" N - 76° 40' 00" 
W. 

( 12) In Neuse River: 

(A) Beginning at a point on shore north 
of Swan Creek 35° 07' 17" N - 76° 33 26" 
W running 115° (M) to a point near the 
six foot depth contour 35° 07' 15" 2N ; 76° 
33' 16" \V; thence running 074° (\f) to 
Beacon No. 2 at^ Maw Point Shoal: thence 
running 2 C M (\1) to a point on shore 35° 
08' 30" N - 76° 32' 36" W; thence follow- 
ing the shoreline to the beginning point 

3yorvrs-_2K^L2£.yL 

(B) Beginning at a point on shore north 
of Cium 1 hicket Creek 3(> D4' 40" N - 76° 
35_ 3S2 W. thence running 129 (Mi "to a 
point W (]£ 12^ S -_ ]£_ 34' 37" W; 
thence running 355 (M) to Beacon No. 
1 in Broad ( 'reek: thence running the six 
foot contour line to ( ireen Marker No. 3^ 

(C) Beginning at a point on the eastern tip 
of Cockle Point 35° 03' 20" N - 76° 38' 
27" W, thence ninning ion" (\1) to a 
point 3^03_1S_N-Z£ 37' 5Y W; 



767 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



thence running 005° (M) to a point on 
shore 35° 03' 38" N - 76° 37 5£ W; 
thence following the primary' nursery area 
line to the beginning point 35° 03' 20" N^ 
- 76° 38' 27" W. 

(D) Beginning at a point on shore on the 
eastern side of the MBYB channel 34° 58' 
16" N - 76° 49' 05" W running 186° (M) 
to a point on six foot depth contour 34° 
58'~07" N : 7£ 49_ 0£ W, thence follow- 
ing the six foot depth contour to a point 
3£ 5£ 2£ N : 76° 4£ 3£ W; "thence 
running 351° (M) to a point on shore 34° 
58' 32" N - 76° 46' 38~ W. 

(E) Beginning at a point on shore at 
Beards Creek 35° 00' 08" N - 76° 52' 13" 
W; thence running 209° ( M ) to a point 
\£59_5I_'S-_lJ^52^2^\^ thence 
running along the six foot depth contour 
to a point 34° 59' 25" N - 76° 51' 14" W; 
thence running 043° (M) to a point on 
shore at Mill Creek 34° 59' 34" N - 76° 
51_06_:W. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0008 MECHANICAL METHODS PROHIBITED 

(a) It is unlawful to use mechanical methods 
to take oysters in Pamlico Sound, within the area 
bounded by a line beginning at a point on the 
north side of Swash Inlet 34° 58' 50" N - 76° 09' 
13" W; thence running 272° (M) 5,420 yards to 
a point in Wainwright Channel 34° 59' 30" N - 
76° 12' 22" W immediately east of the northern 
tip of Wainwright Island; thence 019° (M) 2,000 
yards to red 4 second interval flashing beacon 
"2CS" 35° 00' 16" N - 76° 12' 12" W; thence 033° 
(M) 2,900 yards to 4 second interval flashing 
beacon "HL" 35° 01' 35" N - 76° 11' 27" W; 
thence 043° (M) 14,450 yards to a point in 
Pamlico Sound 35° 07' 06" N - 76° 06' 54" W; 
from which point green 4 second interval flashing 
beacon '^T_ on Royal Shoal bears 005° (M) 6.000 
yards; green 6 second interval flashing beacon 
"5" on Royal Shoal bears 325° (M) 6,220 yards; 
and a yellow 6 second interval flashing beacon 
on Royal Shoal bears 257° (M) 3,000 yards; 
thence 078° (M) 7,800 yards to green 2.5 second 
interval flashing beacon "9" 35° 08' 26" N - 76° 
02' 30" W in Nine Foot Shoal Channel; thence 
067° (M) 3,640 yards to red 4 second interval 
flashing beacon ' : 14BF" 35° 09' 21" N - 76° 00' 
39" W in Big Foot Slough Channel; thence 078° 
(M) 26,260 yards to a quick-flashing beacon 35° 
14' 00" N - 75° 45' 50" W; southwest of Oliver 
Reef; thence 033° (M) 6,100 yards to 2.5 second 
interval flashing beacon "1" 35° 16' 46" N - 75° 



44' 16" W in Rollinson Channel; thence 079° (M) 
13,920 yards to red 4 second interval flashing 
beacon "2" 35° 19' 02" N - 75° 36' 19" W in Cape 
Channel; thonco 449°- (M) &44Q yes4s te- a pe«* 
»» tfee shoreline ef- Hattomo Island Reaj Buxton 
^4^4^N-:74°-^3^W-f thonco oouthwoot 
thence 038° (M) 8.800 yards to .green 4 second 
interval flashing beacon "1" at 35°_ 22_ 4JT iN - 
75° 33' 36" W in Avon Channel; thence 027° (M) 
11.900 yards to a point on Gull Island at 35° 28' 
2T N - 75°_ 3F 2T W^ thence 012° (M) 15,400 
to 4 second interval flashing beacon "ICC" 35° 
36_0rrN.:Z5!lI12IWat Chicamacomico 
Channel; thence 331° (M) 8,600 yards to a point 
in Pamlico Sound at 35° 39' 21" N - 75° 34' 24" 
W, thence 013° (M) 7,250 yards to a point in 
Pamlico Sound at 35° 42' 57" N - 75° 34' 09" 
W; thence 045° (M) 7,200 yards to a point on the 
shore of Hatteras Island at 35° 45 T 54" N - 75° 
31' 06" W; thence running southward with the 
shoreline of Hatteras Island to a point 35° 11' 30" 
N - 75° 44' 48" W on the southwest end of 
Hatteras Island; thence 269° (M) 2,380 yards 
across Hatteras Inlet to a point 35° 11' 18" N - 
75° 46' 15" W on the northeast end of Ocracoke 
Island; thence southwest with the shoreline of 
Ocracoke Island to a point 35° 03' 54" N - 76° 
00' 54" W on the southwest end of Ocracoke Is- 
land; thence 268° (M) 2,220 yards across 
Ocracoke Inlet to a point 35° 03' 42" N - 76° 02' 
15" \V on the northeast end of Portsmouth Is- 
land; thence running southwest with the 
shoreline of Portsmouth Island and Core Banks 
to a point on the north side of Swash Inlet 34° 
58' 50" N - 76° 09' 13" W, to the point of the 
beginning. 

(b) It is unlawful to use mechanical methods 
to take oysters in Core Sound and its tributaries 
southwest of a line beginning at a point on the 
north side of Swash Inlet 34° 58' 50" N - 76° 09' 
13" W, and running 292° (M) to a point off Hog 
Island Reef 35° 00' 06" N - 76° 14' 52" VV. 

(c) It is unlawful to use mechanical methods 
to take oysters in any of the following areas: Back 
Bay at Hog Island, North Bay, the Straits, Back 
Sound, North River, Newport River, Bogue 
Sound, White Oak River, New River, 
Lockwoods Folly River, Shallotte River, and 
Saucepan Creek (Brunswick County), except on 
private bottom by permit. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0010 CRAB SPAWNING SANCTUARIES 

The crab spawning sanctuaries within which the 
taking of crabs may be restricted or prohibited 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



168 



PROPOSED RULES 



during tke period e£ April 4- through August 54- 
are described as follows: 

(1) In the Oreson InJet Area. Beginning at a 
point 35° AT 42" N -- 75° 32' 21" W at the 
elevation of mean high water on the ocean 
beach one mile north of North Point on 
Bodie Island, thence seaward 66° (M) 880 
yards to a point in the Atlantic Ocean 35° 
47' 59" N - 75° 31' 51" W; thence 159° 
(M), 4,000 yards to a point 35° 46' 21" N -- 
75° 30' 40" W; thence 248° (M), 880 yards 
to a point on the hiah water line of the 
Atlantic Ocean 35° 46~ 06" N - 75° 31' 08" 
W, said point being one mile south of South 
Point; thence running with the high water 
line of the Atlantic Ocean on Pea Island 
northward to South Point; thence around 
South Point with the high water line of 
Pamlico Sound approximately 7,000 yards 
to a point 35° 43' 42" N -- 75° 30' 54" W 
on the hiah water line of the south point of 
Eagle Nest Bay; thence 273° (M), 2,200 
yards to a point in Pamlico Sound 35° 43' 
42" N -- 75° 32' 12" W; thence 344° (M), 
8.100 yards to a point 35° 47' 16" N -- 75° 
34' 09" W (present location of channel 
marker "2"); thence 17° (M), 2,800 yards to 
a point on the hiah water line of Bodie Is- 
land 35° 48' 45" N -- 75° 33' 54" W, said 
point being near the eastern edge of Off Is- 
land: thence southward with the high water 
line of Pamlico Sound approximately 6,880 
yards to North Point on Bodie Island; 
thence northward along the high water line 
of the Atlantic Ocean on Bodie Island ap- 
proximately one mile to the point and place 
of the beginning; 

(2) In the Hatteras Inlet Area. Beainnina at a 
point 35 D 10' 40" N - 75° 44' 3l" W at the 
elevation of mean high water on the eastern 
side of Hatteras Inlet; thence northeasterly 
along the elevation of mean high water on 
the northwestern side of Hatteras Island to 
a point 35° 12' 05" N - 75° 43' 21" W on the 
shore of Pamlico Sound; thence on a bearina 
of 333= (M), 4.700 yards to a point in 
Pamlico Sound southeast of Ira Peele's 
Fishing Pier 35° 13' 38" N - 75° 45' 26" W; 
thence 235° (M), 7,200 yards to a point 35° 
11' 04" N - 75° 4S' 26" W on the eastern 
edge of Outer Green Island; thence on a 
bearina of 150° (M), 1.050 yards to a point 
35° 10' 42" N - 75° 47' 54" \V; at the ele- 
vation of mean high water on the northwest 
side of Ocracoke Island: thence northeasterly 
alona the elevation of mean high water to a 
point 35° 11' 19" N - 75° 46 15" W on the 
western side of Hatteras Inlet; then on a 



bearing of 083° (M), 2,930 yards across 
Hatteras Inlet to the point of beginning; 

(3) In the Ocracoke Inlet Area. Beginnina at 
a point 35° 03' 43" N - 76° 04' 50" W on"the 
high water line of Portsmouth Island, [said 
point being 252° (M), 2,100 yards from the 
spire of Portsmouth Methodist Church); 
thence northeasterly and easterly along the 
high water line of Pamlico Sound on 
Portsmouth Island approximately 3,800 
yards to the high water line at the western 
shore of Ocracoke Inlet; thence with the 
high water line southeastward approximately 
2,000 yards to the high water line of the 
Atlantic Ocean on Portsmouth Island; 
thence southwesterly approximately 1,600 
yards along the high water line of the 
Atlantic Ocean to a point 35° 03' 03" N - 
76° 03' 05" W; thence seaward 154° (M), 880 
yards to a point in the Atlantic Ocean 35° 
02' 38" N - 76° 02' 43" W; thence 64° (M), 
1,280 yards to a point 35° 02' 58" N - 76° 
02' 05" W; thence 83° (M), 3,500 yards to a 
point 35° 03' 23" N - 76° 00' 03" W; thence 
55° (M), 1,725 yards to a point 35° 03' 58" 
N - 75° 59' 18" W; thence 324° (M), 880 
yards to a point 35° 04' 20" N -.75°, 59' 43" 
W on the high water line of the Atlantic 
Ocean on Ocracoke Island: thence 
southwesterly along the high water line of 
the Atlantic Ocean approximately 2.100 
yards to the high water line of Ocracoke In- 
let; thence northwesterly with the high water 
line of Ocracoke Inlet approximately 600 
yards to the high water line of Pamlico 
Sound; thence northeasterly with the high 
water line of Pamlico Sound, approximately 
5,900 yards to a point 35° 06' 12" N - 75° 
59' 22" W (said point being just south of the 
western tip of Springers Point); thence 273° 
(M) (through the present location of channel 
marker "25". the north edge of Beacon Is- 
land and Shell Castle Island), 8,400 yards to 
a point in Pamlico Sound 35' 05' 51" N -- 
76° 04' 25" W (said point being at or near 
the western extremity of Shell Castle Island); 
thence 197° (M), 4^380 yards to the point 
and place of the beginning; 

(4) In the Drum Inlet Area. Beginning at a 
point on the hiah water line of Core Sound 
on Core Banks ^34° 50' 09" N - 76° 20' 25" 
\Y; thence 326° (M), 2,000 yards to a point 
in Core Sound 34° 50' 50" N - 76° 21' 15" 
YV; thence 50 : (M). 8,000 yards to a point 
in Core Sound 34° 53' 44" N - 76° IS' 03" 
W; thence 151° (M), 2.390 yards to a point 
on the hiah water line of Core Sound on 
Core Banks 34° 52' 4S" N - 76° 17' 12" \V; 



169 



6:1 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



thence with said high water line 
southwesterly approximately 4,400 yards to 
Drum Inlet; thence with the high water line 
around Drum Inlet and northward approxi- 
mately 4,400 yards to a point on the high 
water line of the Atlantic Ocean 34° 52' 36" 
N - 76° 17' 03" W; thence seaward 151° 
(M), 880 yards to a point in the Atlantic 
Ocean 34° 52' 13" N -- 76° 16' 45" W; thence 
231° (M), 7,500 yards to a point in the 
Atlantic Ocean 34° 49' 30" N -- 76° 19' 51" 
W; thence 326° (M), 880 yards to a point 
on the hieh water line of the Atlantic Ocean 
on Core Banks 34° 49' 54" N -- 76° 20' 16" 
W; thence northwardly along the high water 
line of the Atlantic Ocean to the south side 
of Drum Inlet; thence around the high water 
line of Drum Inlet and southward along the 
high water line of Core Sound on Core 
Banks to the point and place of the begin- 
ning; 
(5) In the Bardens Inlet Area. Beginning at a 
point 34° 40' 42" N - 76° 29' 33" W on the 
high water mark of Core Sound; thence 278° 
(M) 4,350 yards to a point at the edge of 
I ighthouse Channel 34° 40' 42" N - 76° 31' 
36" W (the present location of channel 
marker "35"); thence 211° (VI), 3,500 yards 
to a point on the high waterline of 
Shackleford Banks 34° 39' 06" N - 76° 32' 
27" W (this line running through Beargrass 
Island, and the point being at the tip of a 
prominent point of marsh immediately 
shoreward of Beargrass Island); thence along 
the high water line of Back Sound on 
Shackleford Banks eastward approximately 
2,500 yards to Bardens Inlet; thence south- 
ward with the high water line of the western 
shoreline of Bardens Inlet approximately 
1,700 yards to the high water line of the 
Atlantic Ocean; thence westward along the 
high water line of the Atlantic Ocean on 
Shackleford Banks approximately 2,000 
yards to a point 34° 38' 30" N - 76° 32' 38" 
\V on the high water line of the Atlantic 
Ocean; thence 218' (M) through the present 
location of buoy R "4", 3,375 yards to a 
point 34° 37' 05" N - 76° 33' 43" W (the 
present location of buoy R "2"); thence 131° 
(M), 1,075 yards to a point 34° 36' 47" N - 
76° 33' 11" W (this point being at the base 
of Cape Lookout jetty at the high water 
line); thence northward with the high water 
line of the Atlantic Ocean approximately 
1,800 yards to the northern tip of Power 
Squadron Spit; thence southward, eastward, 
and northward along the high water line 
around the shoreline of Cape Lookout Bight 



approximately 5,000 yards to the high water 
line on the eastern shoreline of Bardens In- 
let; thence northeasterly with the high water 
line of Core Banks. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

****************** 



lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as ISA NCAC 10C .0107. 

1 he proposed effective date of this action is 
September 1, 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on June 10, 1991 at the Ground Floor Hear- 
ing Room, Archdale Building, Raleigh, North 
Carolina. 



a 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from May 
27, 1991 to June 25, 1991. Such written com- 
ments must be delivered or mailed to the N.C. 
Wildlife Resources Commission, 512 N. Salisbury 
Street, Raleigh, NC 27604-1188. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER IOC -INLAND FISHING 
REGULATIONS 

SECTION .0100 - JURISDICTION OF 
AGENCIES: CLASSIFICATION OF WATERS 

.0107 SPECIAL REGULATIONS: JOINT 
WAFERS 

In order to effectively manage all fisheries re- 
sources in joint waters and in order to confer 
enforcement powers on both fisheries enforce- 
ment officers and wildlife enforcement officers 
with respect to certain regulations; rules; the 
Marine Fisheries Commission and the Wildlife 
Resources Commission deem it necessary to 
adopt special regulations rules for joint waters. 
Such regulations rules supersede any inconsistent 
regulations rules of the Marine Fisheries Com- 
mission or the Wildlife Resources Commission 
that would otherwise be applicable in joint wa- 
ters under the provisions of 15A NCAC 10C 
.0106: 

(1) Striped Bass 



6:3 NORTH CAROLINA REGISTER May I, 1991 



170 



PROPOSED RULES 



(a) It shall be unlawful to possess any striped 
bass or striped bass hybrid taken by any 
means which is less than 44 J_8 inches long 
(total length). 



Statutory Authority 
113-138; 113-292. 



G.S. 113-132; 113-134; 



TITLE 21 



OCCUPATIONAL LICENSING 
BOARD 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Xorth Carolina Real Estate 
Commission intends to amend rule(s) cited as 21 
NCAC5SC .0302 and 58D .0201. 



Th 



he proposed effective date of this action is Oc- 
tober 1, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on June II. 1991 at the Office of the North 
Carolina Real Estate Commission, 1313 Navaho 
Drive. Raleigh, NC 27609. 

(^ omment Procedures: Comments regarding the 
rules may be made orally or submitted in writing 
at the public hearing. Written comments not 
submitted at the hearing may be delivered to the 
North Carolina Real Estate Commission, Post 
Office Box 17100. Raleigh, North Carolina 
27619-7 100, so as to be received by the hearing 
date. 

CHAPTER 58 - REAL ESTATE COMMISSION 

SUBCHAPTER 58C - REAL ESTATE AND 
APPRAISAL EDUCATION 

SECTION .0300 - PRF-LICENSING AND 
PRE-CERTIFICATION COURSES 

.0302 PROGRAM STRUCTURING 

(b) Except as provided in Paragraph (d) of this 
Rule, residential appraiser pre-licensing 'pre- 
certification education programs must conoist ei 
include the following three courses, each involv- 
ing a minimum of 30 classroom hours in order 
for a school to be approved or licensed, as ap- 
propriate, to conduct those appraisal pre- 



licensing or pre-certification courses: 

(1) Introduction to Real Estate Appraisal; 

(2) Valuation Principles and Procedures; and 

(3) Applied Residential Property Valuation. 
These courses must be completed sequentially in 
the order listed. 

(c) Except as provided in Paragraph (d) of this 
Rule, general appraiser pre-certification educa- 
tion programs must consist of the following three 



courses, each involving a minimum of 30 class- 
room hours, in addition to the three residential 
appraiser courses prescribed in Paragraph (b) of 
this Rule, in order for a school to be approved 
or licensed, as appropriate, to conduct those ap- 
praisal pre-certification courses: 

(1) Introduction to Income Property Ap- 
praisal; 

(2) Advanced Income Capitalization Proce- 
dures; and 

(3) Applied Income Property Valuation. 
These courses must be completed sequentially in 
the order listed and completion of the residential 
appraiser courses within the previous five years 
or possession of a current appraiser license must 
be a prerequisite for enrollment in the general 
appraiser courses. 

Authority G.S. 93A-4(a),(d); 93A-33; 
93A-75(a); 12 U.S.C. 3332, 3345, and 3347; 12 
C.F.R. 34.42. 

SUBCHAPTER 58D - REAL ESTATE 
APPRAISERS 

SECTION .0200 - APPRAISER LICENSING AND 
CERTIFICATION 

.0201 QUALIFICATIONS FOR APPRAISER 
LICENSURE AND CERTIFICATION 

(a) Applicants for licensure as a state-licensed 
residential real estate appraiser and for certif- 
ication as a state-certified real estate appraiser 
must satisfy the qualification requirements stated 
in G.S. 93A-73 as further set forth in Subpara- 
graphs (a) ( l'l. (2) and (3) of this Rule, provided 
however that licensure as a state-licensed resi- 
dential real estate appraiser is not a prerequisite 
for certification as a state-certified residential or 
general real estate appraiser: 

( 1) Applicants for licensure as a state-licensed 
residential real estate appraiser shall have 
completed courses in Introduction to Real 
E state Appraisal, Valuation Pnnciples and 
Practices, and Applied Residential Prop- 
erty Valuation each consisting of at least 
30 classroom hours of instruction, or ap- 
praisal education found bv the Commis- 
sion to be equivalent to such courses; and 
have at least 2. 01)0 hours of appraisal ex- 
perience of which at least 75 percent must 
have been m appraising residential real 
estate. 

(2) Applicants for certification as a state- 
certified residential real estate appraiser 
shall have completed those courses re- 
quired for licensure as a state-licensed 
residential real estate appraiser or equiv- 
alent education and. in addition, a course 



171 



6:3 NORTH CAROLINA REGISTER May 1, 1 99 1 



PROPOSED RULES 



in Introduction to Income Property Ap- 
praisal consisting of at least 30 classroom 
hours of instruction or equivalent educa- 
tion; and have at least 2,000 hours of ap- 
praisal experience acquired over a 
minimum period of two calendar years of 
which at least 75 percent must have been 
in appraising residential real estate. 
(3) Applicants for certification as a state- 
certified general real estate appraiser shall 
have completed those courses required for 
certification as a state-certified residential 
real estate appraiser or equivalent educa- 
tion and, in addition, courses in Advanced 
Income Capitalization Procedures and 
Applied Income Property Valuation each 
consisting of at least 30 classroom hours 
of instruction or equivalent education; 
and have at least 2,000 hours of appraisal 
experience acquired over a minimum pe- 
riod of two calendar years of which at 
least 50 percent must have been in ap- 
praising non-residential real estate. 

Authority G.S. 93A-73; 93A-77; 12 U.S.C. 
3332, 3345, and 3347; 12 C.F.R. 34.42. 

TITLE 25 - OFFICE OF STATE 
PERSONNEL 



iV otice is hereby given in accordance with G.S. 
I50B-12 that the Office of State Personnel! State 
Personnel Commission intends to amend rule(s) 
cited as 25 NCAC ID .0211, .0308, .0509, .0611, 
.0706; U .0606; repeal rule(s) cited as 25 NCAC 
IB .0401 - .0402; and adopt rule(s) cited as 25 
NCAC 1A .0006; IB .0437 - .0438. 

1 he proposed effective date of this action is 
September 1, 1991. 

1 he public hearing will be conducted at 9:00 
a.m. on June 6, 1991 at the Personnel Develop- 
ment Center, 101 W. Peace Street, Raleigh, North 
Carolina. 

v_^ omment Procedures: Interested persons may 
present statements either orally or in writing at the 
Public Hearing or in writing prior to the hearing 
by mail addressed to Drake Maynard, Office of 
State Personnel, 1 16 W. Jones Street, Raleigh, 
North Carolina 27603. 

CHAPTER 1 - OFFICE OF STATE PERSONNEL 
SUBCHAPTER I A - GENERAL PROVISIONS 



.0006 DELEGATION OF AUTHORITY: 

DECENTRALIZATION OF PERSONNEL 
ADMIN 

(a) The Office of State Personnel, under the 
direction of the State Personnel Director, has sole 
responsibility for the implementation of the State 
Personnel Commission's rules, policies and pro- 
cedures. The State Personnel Director has the 
exclusive authority for final approval of all per- 
sonnel actions under these Rules and policies. 

(b) The State Personnel Director may delegate 
authority for final approval and accountability 
of certain personnel actions to the heads of state 
agencies and universities, and by extension, to the 
head of their personnel administration function. 
The decision to delegate authority for final ap- 
proval of certain personnel actions or not to del- 
egate, as well as the matters to be delegated, shall 
be at the discretion of the State Personnel Direc- 
tor. The delegation decision by the State Per- 
sonnel Director shall be made based upon these 
factors: 

(1) the willingness of agency heads and 
chancellors to accept the accountability 
of their own personnel functions under a 
delegation of authority from the Office of 
State Personnel; 

(2) the record of agency cooperation and 
compliance with Commission policies and 
procedures; 

(3) an informed assessment of the perform- 
ance history of the agency's personnel 
function; 

(4) the demonstrated knowledge and expertise 
in the administration of the Commission's 
policies and procedures by the personnel 
staff of the agency; and 

(5) the staff size of the agency personnel 
function, including the number of profes- 
sional level personnel positions. 

(c) Delegation shall be achieved through de- 
centralization agreements which shall specify 
agency responsibility for implementing Personnel 
Commission programs and shall identify those 
personnel actions for which the agency shall have 
final approval authority. The agreement shall 
provide that the decentralized personnel admin- 
istration authority may be unilaterally withdrawn 
or modified by the State Personnel Director 
based upon demonstrated inability or unwilling- 
ness on the part of the agency or university to 
maintain the level of personnel administration as 
measured by factors in Paragraph (b) of this 
Rule. 

(d) The Office of State Personnel shall perform 
routine, ongoing monitoring of all agency and 
university decentralization agreements for com- 
pliance with specified levels of authority and with 



6:3 NORTH CAROLINA REGISTER May 1, 1 99 1 



172 



PROPOSED RULES 



Commission rules, policies and procedures. The 
Office of State Personnel shall perform periodic 
on-site performance audits. These monitoring 
and auditing procedures shall be in accordance 
with accepted auditing principles and with the 
advice of the State Auditor. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER IB - STATE PERSONNEL 
COMMISSION 

SECTION .0400 - APPEAL TO COMMISSION 

.0401 APPEAL (REPEALED) 

.0402 WHEN APPEAL ALLOWED (REPEALED) 

Statutory Authority G.S. 126-4(9); 150A-34(a); 
I SOB, Article 3. 

.0437 AWARD OF ATTORNEYS FEES: COSTS 

(a) The State Personnel Commission may 
award attorney's fees following the submission 
and review of an itemized listing of services pro- 
vided and time spent. Any award of services 
provided shall be limited to time directly associ- 
ated with the departmental grievance procedure 
and/or a case under G.S. Chapters 126. No 
other legal services for the same client shall be 
reimbursed. 

(b) The State Personnel Commission shall 
consider all available information in determining 
what constitutes a reasonable hourly rate in order 
to award attorney's fees, including the most re- 
cent North Carolina Bar Association Economic 
Survey. It shall be the responsibility of the at- 
torney seeking to be awarded attorney's fees to 
set forth sufficient information on his back- 
ground, practice and any other relevant factors 
to allow the Commission to identify the appro- 
priate hourly rate. 

(c) Usual and normal costs associated directly 
with legal representation during the departmental 
grievance procedure and/or a contested case pur- 
suant to Chapter 126 may also be reimbursed. 

(d) lime charged and expenses requested as- 
sociated with travel in connection with legal rep- 
resentation shall be strictly examined. 

(e) No oral argument solely on the question 
of attorney's fees shall be allowed. Each party 
shall have the right to present briefs and/'or legal 
memoranda to the Commission in the event that 
some or all of a requested award of attorney's 
fees is contested. 

Statutory Authority G.S. 126-4(11 ). 

.0438 APPEAL TO THE STATE PERSONNEL 
COMMISSION: PROCEDURES 



The State Personnel Commission shall receive 
the record in the contested case forwarded by the 
Office of Administrative Hearings and make a 
final administrative decision in the case. The 
Office of State Personnel shall be responsible for 
the administrative management of contested 
cases coming before the Commission for its re- 
view and decision. 

( 1 ) Oral Argument. Either party to a contested 
case may request the opportunity to appear 
before the State Personnel Commission and 
make oral argument. Such arguments must 
be based solely on the information con- 
tained in the record submitted by OAH. 
Oral arguments must be requested in writing 
no more than 15 calendar days after notice 
of review by the Commission has been sent 
to the parties. The notice of review shall 
contain the date, time and place of the 
Commission meeting at which the case will 
be reviewed. If a party fails to request oral 
argument in a timely fashion, that party may 
not present oral argument without specific 
permission from the full Commission. Each 
party requesting argument shall be allotted 
a maximum of 15 minutes for the presenta- 
tion, unless the time period is extended by a 
vote of the Commission. 

(2) Briefs, Legal Memoranda, Attorney's Fees 
Requests. All briefs, legal memoranda, or 
attorney's fees requests must be received by 
the Office of State Personnel no later than 
10 working days prior to the date of the 
Commission meeting for which a case is 
scheduled for review. Such documents must 
also be submitted on a timely basis to the 
opposing party. Such a document received 
after the deadline will be presented to the 
Commission only after the party has shown 
that the opposing party received the docu- 
ment at least 10 working days before the 
Commission meeting and the Commission 
has voted to receive it. 

(3) Written Exceptions, Proposed Alternative 
Findings, Conclusions and Recommen- 
dations. Each party shall submit written 
exceptions to the recommended decision of 
the Administrative Law Judge, unless the 
party accepts the recommended decision in 
its entirety. Any party may choose to sub- 
mit proposed alternative findings of fact and 
conclusions of law. Exceptions and alter- 
native findings and conclusions must be re- 
ceived by the Office of State Personnel no 
later than 10 working days prior to the date 
of the Commission meeting for which a case 
is scheduled for review. Written exceptions 
must be specifically drawn. Exceptions shall 



173 



6:3 NORTH CAROLINA REGISTER May I, 1991 



PROPOSED RULES 



indicate which finding, conclusion or re- 
commendation is being excepted to and the 
basis for the exception being taken. Refer- 
ence must be made to transcript pages (and 
volumes, where applicable), if a transcript 
of the hearing was made. Where a party 
excepts to a finding, conclusion or recom- 
mendation and requests its deletion or 
amendment, an alternative finding, conclu- 
sion or recommendation shall be made. 
Such a document received after the deadline 
will be presented to the Commission only 
after the party has shown that the opposing 
party received the document at least 10 
working days before the Commission meet- 
ing and the Commission has voted to receive 
it. The Commission shall have the author- 
ity to adopt the findings of fact and conclu- 
sions of the Administrative Law Judge, or 
to amend the same, or to adopt alternative 
findings of fact and conclusions of law, ei- 
ther from those submitted by the parties or 
drawn from its own review of the whole re- 
cord. 

(4) Proposed Decision and Order. Each party 
to a contested case shall submit a proposed 
Decision and Order for consideration by the 
Commission in that case. The proposed 
Decision and Order must be received by the 
Office of State Personnel no later than 10 
working days prior to the date of the Com- 
mission meeting for which a case is sched- 
uled for review. The Commission may, in 
its discretion, delay decision in a case until 
all parties have submitted a proposed Deci- 
sion and Order. The proposed Decision and 
Order shall indicate which findings, conclu- 
sions and recommendations of the Admin- 
istrative Law Judge are being adopted, 
which findings, conclusions and recommen- 
dations of the Administrative Law Judge are 
being deleted or amended and why, and 
what new findings, and conclusions are be- 
ing adopted. The proposed Decision and 
Order shall contain a order in the case, con- 
sistent with and supported by the findings 
and conclusions. 

(5) Service on Opposing Parties. Copies of all 
documents required by this Rule shall be 
served on the opposing party, but no later 
than 10 working days prior to the date of the 
Commission meeting for which a case is 
scheduled for review. 

(6) Notification. The parties will be notified, 
by certified mail, return receipt requested, 
of the Commission's decision. The Com- 
mission's decision will be prepared and sent 
out by the Office of State Personnel. Copies 



or the content of a specific decision and or- 
der shall not be released to non-parties until 
the Office of State Personnel has knowledge 
that all parties have received a copy of the 
Decision and Order. 
(7) This Rule is based upon the assumption 
that both parties are represented by legal 
counsel. If any party is not represented by 
legal counsel, this Rule shall be interpreted 
liberally so as not to deny a fair opportunity 
to any party for Commission review of a 
recommended decision. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER ID - COMPENSATION 

SECTION .0200 - NEW APPOINTMENTS 

.0211 SALARY RATE 

(b) It is intended that agencies make as few 
appointments above the hiring rate (or applicable 
special entry rate) as possible. Rates above this 
may be requested when: 

(2) the applicant possesses exceptional quali- 
fications above the hiring requirements of 
the class specification, and operational 
needs exist which justify filling the posi- 
tion at the salary above the minimum of 
the range. The additional experience and 
training must be in the same or closely 
related area to that stated as acceptable in 
the class specification. Generally, up to 
6w four percent above the minimum rate 
may be considered for each qualifying year 
of directly related experience and/or edu- 
cation above the minimum requirements 
not to exceed the midpoint of the range 
without prior approval of the State Per- 
sonnel Director. 

Statutory Authority G.S. 126-4(2). 

SECTION .0300 - PROMOTION 

.0308 SALARY INCREASES 

The purpose of a promotional pay increase is 
to reward the employee for the assumption of 
duties more responsible and more difficult than 
those in the current position. Subject to the 
availability of funds, salary increases, not to ex- 
ceed the maximum of the range, may be given in 
accordance with the following: 
(1) Permanent Promotion: 
(c) If the employee being promoted has had 
direct lv related training and experience 
which exceeds the minimum qualifications 
for the position, the salary may be in- 
creased by more than live percent 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



174 



PROPOSED RULES 



commensurate with the related training 
and experience, the total not to exceed five 
percent for each salary grade provided by 
the promotion. The nature and magni- 
tude of the change in jobs, the need to 
maintain equity of salaries within the 
work unit, and other management needs 
must be given consideration when making 
such requests. However, if an employee 
has been reduced to a lower salary grade 
through demotion, reassignment, reallo- 
cation or salary range revision, but with- 
out a corresponding reduction in salary, 
and the employee is later promoted to a 
position with a higher grade, the number 
of grades in the original reduction shall be 
considered to have been compensated and 
shall not be considered in the salary set- 
ting procedure in this Rule. 

Statutory Authority G.S. 126-4. 

SECTION .0500 - SEPARATION 

.0509 SEVERANCE SALARY CONTINUATION 

Severance salary continuation shall be paid to a 
state employee who is terminated as a result of 
reduction-in-force and for whom there is no 
forseeable opportunity for reemployment at the 
time o^ M'p.iration. This policy provides for 
uniform application of severance salary contin- 
uation for employees who are involuntarily sep- 
arated due to reduction-in-force. Payment is 
based on total state service supplemented by an 
age factor. The age factor recognizes that older 
employees, although protected from discrimi- 
nation on the basis of age, do have a more diffi- 
cult time finding new employment due to lack 
of transferable skills, current salary level, ge- 
ographic location and other factors. 
(1) Eligible Employees: 
(a) A permanent full-time or part-time (20 
hours or over) employee who does not 
obtain another permanent job in state 
government by the effective date of the 
reduction-in-force shall be eligible for 
severance salary continuation when sepa- 
rated. Also eligible are employees with 
trainee appointments who have completed 
six months of service, and employees who 
attained permanent status prior to enter- 
ing a trainee appointment. Inis shall not 
apply to employees whose reduction-in- 
force is not considered permanent; that is, 
employees who are reducted-in-force on a 
temporary or seasonal basis with the ex- 
pectation that they will return to work 
within 12 months. 



(2) Amount and Method of Payment: 
(a) Severance salary continuation shall be 
based on total state service (except as 
noted in this Rule) and supplemented by 
an age adjustment factor as follows: 
(i) Amount of Salary Continuation: 
Years of Service Payment 

Less than 1 year 2 weeks 

1 but less than 5 years 1 month 

5 but less than 10 years 2 months 

-W b«t less than 2© years ^ months 

10 but less than 15 years 3 months 

15 but less than 20 years 3.5 months 

20 or more years 4 months 

(h) Eunds for severance salary continuation 
will be provided as directed by the Office 
of State Budget and Management. G.S. 
113 27.2 provides that- severance wugos a» 
authorized by the Director ef the Budget, 
upon written roquost ef a stato ag e ncy a»4 
with recommendation by the State Per- 
sonnel Director. AH- severance payments 
ape contingent upon the availability ef 
funds. U funds afe net sufficient fof fott 
payment te- aH employees, distribution ef 

ii ttai eo o i\j iuiiuj m rail itv* uii cr l.' i u iuiu uujij 

such that aU employees wtil receive a 
pro rated paym e nt » accordanc e with 
their age a&4 service, fe cases wher e the 
agency is sot paying the foii amount, the 
agency shall submit documentation signed 
by the agency head te- the State Personnel 
Director as4 the State Budget Director. 

Statutory Authority G.S. 126-4(10); 143-27.2. 
SECTION .0600 - REALLOCATION 

.0611 REALLOCATION/SALARY RATE 

(a) When an employee's position is assigned to 
a higher grade as a result of reallocation, subject 
to the availability of funds and satisfactory em- 
ployee performance, salary increases, not to ex- 
ceed the maximum of the range, may be given in 
accordance with the following: 

(3) Salaries within the range may remain the 
same; or if funds are available and where 
appropriate, individual salary increases 
may be considered, based on the employ- 
ee's directly related training and experi- 
ence which exceeds the minimum 
qualifications for the position, but not to 
exceed five percent for each salary grade 
provided by the reallocation. Salary eq- 
uity within the work unit and other man- 
agement needs must be given 
consideration when making such requests. 



175 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



PROPOSED RULES 



Statutory Authority G.S. 126-4. 
SECTION .0700 - SALARY RANGE REVISION 

.0706 ASSIGNMENT TO A HIGHER GRADE 

(a) When a classification is assigned to a higher 
grade as a result of changes in the labor market, 
employees whose job performance is not satis- 
factory or who are in formal disciplinary proce- 
dure for either performance or personal conduct 
are not eligible for any increase in salary. All 
increases are subject to the availability of funds 
and cannot exceed the maximum of the range. 
Increases are also subject to the following condi- 
tions: 

(3) Salaries within the range do not have to 
be increased, but if funds are available and 
where appropriate, individual salary in- 
creases of any amount may be considered, 
but the total cannot exceed a five percent 
increase fof each oalary grade the dollar 
amount provided by the oalary range Fe- 
viuion. difference in the minimum salaries 
of the old range and the new range. Sal- 
ary equity within the work unit must be 
maintained and other management needs 
must be given consideration when making 
such requests. However, if an employee 
has been reduced to a lower salary grade 
through demotion, reassignment, reallo- 
cation or salary range revision, but with- 
out a corresponding reduction in salary, 
and the employee's position is later as- 
signed to a higher grade as a result of sal- 
ary range revision, the number of grades 
in the original reduction shall be consid- 
ered to have been compensated and shall 
not be considered in the salary setting 
procedure in Subparagraph (3) of this 
Rule. If the reduction in grade occurred 
as much as 24 months previously, the 
agency may give consideration to granting 
a salary increase within the provisions of 
this policy. The need to maintain equity 
of salaries within the work unit must be a 
major consideration. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER IJ - EMPLOYEE RELATIONS 

SECTION .0600 - DISCIPLINARY ACTION: 
SUSPENSION AND DISMISSAL 

.0606 DISMISSAL 

Before an employee may be dismissed on the 
basis of job performance, the following shall oc- 
cur: 



(1) The supervisor recommending dismissal 
should discuss the recommendation with, 
aftd receive the approval ef; appropriate 
agency managem e nt. The Supervisor re- 
commending dismissal shall discuss the re- 
commendation with appropriate agency 
management and receive management's au- 
thorization to hold a pre-dismissal confer- 
ence with the employee. The purpose of the 
pre-dismissal conference is to review the re- 
commendation with the affected employee, 
and by listening to and considering infor- 
mation put forth by the employee, to insure- 
that such a significant personnel action is 
not based on mistaken or erroneous infor- 
mation and conclusions. 

(2) A pr e dismissal conference shall be held be- 
tween the supervisor »f oth e r appropriat e 
manager and- the employee. Witnesses, a 
second management representative) of seen 
Frty- personnel may be pres e nt at- manage 
mont's request . 44w management 
representative shall give the employee verbal 
of written notice including the specific tea- 
oono fof the proposed dismissal and- a brief 
summary ef- the information which manage 
mont believes supports the proposed d+s- 
missal. 4-he employee shall have the right 
to respond to that- notice ©I proposed ehs- 
missal » the conference. The Supervisor 
or designated management representative 
shall schedule and conduct a pre-dismissal 
conference with the employee. Advance 
notice of the pre-dismissal conference must 
be given to the employee. A second man- 
agement representative or security personnel 
may be present at management's discretion. 
No attorneys representing either side may 
attend the conference. In the conference, 
the Supervisor shall give the employee oral 
or written notice of the recommendation tor 
dismissal, including specific reasons for the 
proposed dismissal and a summary of the 
information supporting that recommenda- 
tion. The employee shall have an opportu- 
nity to respond to the proposed dismissal, 
to refute information supporting the recom- 
mended dismissal action and to offer infor- 



mation or arguments to support his 
position, livery effort shall be made by the 
Supervisor or the designated management 
representative to assure that the employee 
has had a full opportunity to set forth any 
information in his possession in opposition 
to his dismissal prior to the end of the con- 
ference. 

/ 1 1 I£. a± tka aaJ q£ tka nra ,i:..^:< <--^l ,.^»f. r „»,.,. 

\ ~J j 1 1 , CTT 1 1 IU L11U \.J 1 I 1 1 L I'll. U1HII! i.'ll! ll'IIIL I LI II L , 

the management representative determines 



6:3 NORTH CAROLINA REGISTER May I, 1991 



176 



PROPOSED RULES 



t 1 1 ' 1 1 Ji,- tTi ■■-.-■ 1 1 | .- r ■ f 1 1 1 li i.tili.i, 1 Y\ a «-ti 'ii; Qj-acoat 

tttttt d ™tt i i vr,.*uj o ji ill j *_i j 1 1 1 i\-^j , rio 1 1 iu " i.* i l.vi i i 

the employee with a letter ef- dismissal. 
However, the management representative 
may elect t» defer the dismissal based &» 
information presented by- the employee, a»4 
reconsid e r the proponed dismissal. Mr fei- 
lowing such reconsideration, the decision k» 
te- dismiss, th e n »e further pro dismissal 
conference » required. Following the con- 
ference, management shall review and con- 
sider the response of the employee and reach 
a decision on the proposed recommenda- 
tion. If management's decision is to dismiss 
the employee, a written letter of dismissal 
shall be prepared containing the specific 
reasons for dismissal and the employee's 
appeal rights. To minimize the nsk of dis- 
missal upon erroneous information, and to 
allow time following the conference for 
management to review all necessary infor- 
mation, the decision to dismiss should 
normally not be communicated to the em- 
ployee prior to the beginning of the next 
business day following the conclusion of the 
pre-dismissal conference. The employee 
shall be informed of the decision and fur- 
nished, either in person or by mail, a copy 
of the letter of dismissal, receipt of which 



shall constitute dismissal. A management 
decision not to dismiss the employee may 
be communicated to the employee at any 
time following the conclusion of the confer- 
ence. 

(4) T4*e employee must be given written notic e 
ef the dismissal. This written notice must 
include specific reasons fof the dismiosal afi4 
the employee's right (4 appeal. 

(4} Upon dismissal »» the basis ef unsatisfac 

ITTTT JT * T* I T T TTT I 1 T I HI ! L <J ( ~1 "T~ HIT ~1 1 IT ' 11 ' t IL 1 TTTtt^ 
L*V Pitt TT LIT.* \\J T^TT^T TTTTTT^ 11IT LI I 11UU \J\. I W T_f 

weeks' notic e . Pay- m het* &f notic e shall aot 
apply t» dismissals based »» p e rsonal con 

(4) A permanent employee who is to be dis- 
missed for unsatisfactory job performance 
should be given up to two weeks' working 
notice of his dismissal. In management's 
discretion, an employee may be given up to 
two weeks' pay in lieu of the working notice. 
Such working notice or pay in lieu of notice 
is applicable only to dismissals for unsatis- 
factory' job performance. 

Statutory Authority G.S. J 26-4. 



177 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



ARRC OBJECTIONS 



1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. I43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
143B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission 

4 NCAC 3G .0203 - Expiration and Renewal 

4 NCAC 3G .0502 - Annual Report 

4 NCAC 3G .0601 - Revocation or Suspension; Hearings 



ARRC Objection 3j 2 1/91 
ARRC Objection 3/2119/ 
ARRC Objection 3/21191 



ARRC Objection 

ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



Community Assistance 

4 NCAC 19R .0103 - Waivers 

Agency Withdrew Rule 
4 NCAC 19R .0303 - Distribution of Funds 

Agency Revised Rule 
4 NCAC J9R .0304 - Reallocation 

Agency Revised Rule 
4 NCAC 19R .0602 - Reporting 

Agency Revised Rule 

Energy 

4 NCAC 12C .0005 - Forms 

Agency Revised Rule 
4 NCAC 12C .0006 - Scope and Purpose of State Set- Aside 

Agency Revised Rule 

Hazardous Waste Management Commission 

4 NCAC 18 .0309 - Final Site 

Agency Returned Rule Unchanged 

EDUCATION 

Elementary and Secondary Education 

16 NCAC 6C .0205 - Teacher Education Program State Review Standards ARRC Objection 
Agency Revised Rule Obj. Removed 

16 NCAC6C .0310 - Standard Examinations ARRC Objection 

Agency Revised Rule Obj. Removed 

16 NCAC 6H .00/0 - Special Education Due Process Procedures ARRC Objection 

Agency Revised Ride Obj. Removed 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 



2/25/91 
3/21/91 
2/25/91 
3/21/91 
2/25/91 
3/21/91 
2/25/91 
3/21/91 



ARRC Objection 2/25/91 

Obj. Removed 3/21/91 

ARRC Objection 2/25/91 

Obj. Removed 3/21/91 



ARRC Objection 1/18/91 
No Action 2/25/91 



3/21/91 
3/21/91 
3121/91 
3/21/91 
3/21/91 
3/21/91 



15A NCAC 16 A .0804 - Financial Eligibility 
No Response from Agency 
Agency Responded 



ARRC Objection 1/18/91 

2/25191 

No Action 3/21191 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



178 



ARRC OBJECTIONS 



15. 4 XCAC 16 A .0806 - Billing the HIV Health Services Program 
Xo Response from Agency 
Agency Responded 

Coastal Management 

ISA XCAC 7 J .0409 - Civil Penalties 

Agency Returned Rule Unchanged 
15.4 XCAC 7 J .1109 - Permit Fee 

Agency Withdrew Rule 

Environmental Health 



ISA XCA 

Agency 
ISA XCA 

Agency 
I5A XCA 

Agency 
15A XCA 

Agency 
15A XCA 

Agency 
15A XCA 

Agency 
15.4 XCA 

Agency 
15.4 XCA 

Agency 
15.4 XCA 
15A XCA 

Agency 
ISA XCA 
15.4 XCA 
15.4 XCA 

Agency 



C 18A .2515 ■ 
Revised Rule 
C ISA .2516 ■ 
Revised Rule 
C ISA .2517- 
Revised Rule 
C ISA .2519 ■ 
Revised Rule 
C ISA .2523 ■ 
Revised Rule 
C ISA .2529 ■ 
Revised Rule 
C ISA .2534 ■ 
Revised Rule 
C ISA .2535 ■ 
Revised Rule 
C ISA .2537 ■ 
C ISA .2614 ■ 
Revised Rule 
C ISA .261 S ■ 
C ISA .2711 ■ 
C ISA .2901 ■ 
Revised Rule 



Design Details 

Pool Profile 

Diving Equipment 

Filters 

Depth Markings and Safety Ropes 

User Loading 

Chemical Storage 

Water Quality Standards 

Appeals 
Outdoor Dining 

Cleaning of Equipment and Utensils 
Toilet Facilities 
Disbursement of Funds 



Solid Waste Management 



ISA XCAC 13.4 .0016 
Agency Responded 

15A XCAC 13A .0017 
Agency Responded 



Special Purpose Com Hazardous Waste Facility 



Fee Schedules 



Wildlife Resources Commission 

ISA XCAC I0H .0807 - Classes of Permits 
Agency Revised Rule 

WTP Operators Certification Commission 

ISA XCAC SB .0404 - Temporary Certification 
Agency Revised Rule 

HUMAN RESOURCES 



ARRC Objection lj 18191 

2,25:91 

Xo Action 3/21,91 



ARRC Objection 1; 18,91 

Xo Action 2125:91 

ARRC Objection 1 j 18)91 

2/25; 91 



ARRC Objection 3/21/91 

Obj. Removed 3121:91 

ARRC Objection 3! 2 lj9 1 

Obj. Removed 3/21/91 

ARRC Objection 3121/91 

Obj. Removed 3/21/91 

ARRC Objection 3/21/91 

Obj. Removed 3:21 ;91 

ARRC Objection 3/21/91 

Obj. Removed 321,91 

ARRC Objection 3:2191 

Obj. Removed 3,21, 91 

ARRC Objection 3 21 91 

Obj. Removed 3 21, 91 

ARRC Objection 3 2191 

Obj. Removed 3/21/91 

ARRC Objection 3 21 91 

ARRC Objection 3 2191 

Obj. Removed 3 21 91 

ARRC Objection 3 21 91 

ARRC Objection 3 21 91 

ARRC Objection 3 21 91 

Obj. Removed 3 2191 



ARRC Objection 2 25 91 

Obj. Removed 3 21 91 

ARRC Objection 2 25 91 

Obj. Removed 3 21 91 



ARRC Objection 2 25 91 
Obj. Removed 3 21 91 



ARRC Objection 3 21 91 
Obj. Removed 3 21 91 



179 



6:3 NORTH CAROLINA REGISTER May /, 1991 



ARRC OBJECTIONS 



Individual and Family Support 

10 NCAC 42B .1201 - Personnel Requirements 

No Response from Agency 

Agency Returned Rule Unchanged 
10 NCAC 42C .2001 - Qualifications of Administrator 

No Response from Agency 

Agency Returned Rule Unchanged 
10 NCAC 42C .2002 - Qualifications of Supervisor-in-Charge 

No Response from Agency 

Agency Returned Rule Unchanged 
10 NCAC 42C .2006 - Qualifications of Activities Coordinator 

No Response from Agency 

Agency Returned Rule Unchanged 
10 NCAC42C .3301 - Existing Building 

Agency Returned Rule Unchanged 
10 NCAC 42D .1401 - Qualifications of Administrator! Co- Administrator 

Agency Returned Rule Unchanged 

Services for the Deaf 



ARRC Objection 

No Action 
ARRC Objection 

No Action 
ARRC Objection 

No Action 
ARRC Objection 

No Action 
ARRC Objection 
No Action 
ARRC Objection 
No Action 



1/18/91 

2/25/91 

3/21/91 

1/18/91 

2/25/91 

3/21/91 

1/18/91 

2/25/91 

3/21/91 

1/18/91 

2/25/91 

3/21/91 

11/14/90 

12/20/90 

11/14/90 

12/20/90 



10 NCAC 20F .0502 - Definitions 

Agency Revised Rule 
10 NCAC 20F .0506 - Classification 

Agency Revised Rule 



ARRC Objection 3/21/91 

Obj. Removed 3/21/91 

ARRC Objection 3/21/91 

Obj. Removed 3/21/91 



LICENSING BOARDS AND COMMISSIONS 



Auctioneer's Commission 



21 NCAC 4B .0602 - Advertising 
CPA Examiners 



ARRC Objection 3/21/91 



21 NCAC 8M .0306 - Due Professional Care 
Agency Withdrew Rule 



ARRC Objection 2/25/91 
3/21/91 



Cosmetic Art Examiners 



21 NCAC 14A .0/01 - Definitions 

Agency Revised Rule 
21 NCAC 14G .0003 - Space Requirements 

Agency Revised Rule 
21 NCAC 14G .0007 - Equipment and Teachers 

Agency Revised Rule 
21 NCAC 141 .0103 - Inspections and Reports of Student Hours 

Agency Revised Rule 
21 NCAC 141 .0109 - Summary of Cosmetic Art Education 

Agency Revised Rule 
21 NCAC 141 .0302 - Library 

Agency Responded 

21 NCAC 14L .0101 - Qualifications - Cosmetologist Teachers 
Agency Revised Rule 

21 NCAC 14L .0210 - Effect on Student-Teacher Ratio 
Agency Responded 



ARRC Objection 2/25/91 

Obj. Removed 3/21/91 

ARRC Objection 2/25/91 

Obj. Removed 3/21/91 

ARRC Objection 2/25/91 

Obj. Removed 3/21/91 

ARRC Objection 2/25/91 

Obj. Removed 3/21/91 

ARRC Objection 2/25/91 

Obj. Removed 3/21/91 

ARRC Objection 2/25/91 

No Action 3/21/91 

ARRC Objection 2/25/91 

Obj. Removed 3/21/91 

ARRC Objection 2/25/91 

No Action 3/21/91 



6:3 NORTH CAROLINA REGISTER May I, 1 99 1 



ISO 



ARRC OBJECTIONS 



Dental Examiners 

21 XCAC 16C .03 JO - Reexamination 

21 XCAC 16D .0101 - Eligibility Requirements 



ARRC Objection 3/21/91 
ARRC Objection 3/21/91 



Medical Examiners 

21 XCAC 32B .0309 - Personal Interview 

Agency Responded 
21 NCAC32M .0007 . Termination ofXP Approval 
Agency Revised Rule 

Nursing, Board of 

21 XCAC 36 .0217 - Revocation, Suspension, or Denial of License 

Xo Response from Agency 

Agency Revised Rule 
21 XCAC 36 .0504 - Certificate of Registration 

Agency Revised Rule 
21 XCAC 36 .0505 - General and Administrative Provisions 

Agency Revised Rule 
21 XCAC 36 .0507 - Fees 

Agency Revised Rule 

Physical Therapy 

21 NCAC48C .0102 - Responsibilities 

Agency Returned Rule Unchanged 

Agency Revised Rule 
21 XCAC4SC .0501 - Exemption for Students 

Agency Returned Rule Unchanged 

Agency Revised Rule 

SECRETARY OE STATE 



ARRC Objection 2' 25/91 
Xo Action 3 21/91 

ARRC Objection 11/14/90 
Obj. Removed 12/20/90 



ARRC Objection 

Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



ARRC Objection 
Xo Action 
Obj. Removed 
ARRC Objection 
Xo Action 
Obj. Removed 



12/20/90 
1118/91 
2/25/91 
1/18/91 
2/25/91 
1/18/91 
2/25/91 
1118/91 
2:25/91 



9'20 90 
10 18,90 
2/25/91 

9 20 90 
10:18:90 
225:91 



Securities Division 

18 XCAC 6 .1210 - Securities Exchgs Autod Quot. Sys. Approved Admin ARRC Objection 12 20, 90 
Agency Responded to Objection Xo Action lj 18/91 



STATE PERSONNEL 

Ji XCAC ID .0509 - Severance Salary: Continuation 
Agency's Response Unacceptable 



ARRC Objection 1 18 91 



181 



6:3 NORTH CAROLINA REGISTER May I, 1991 



RULES INVALID A TED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE 

10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as applied in Linda Allred, 
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re- 
spondent (90 DHR 0940). 

10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 42W .0005 - REPORTING CASES OF RAPE AND INCEST 

The North Carolina Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42VV .0005 void as applied in Rankin Whittington, Daniel C. Hudgins, Dr. Takey 
Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North 
Carolina Department of Human Resources, David Flaherty, in his capacity as Secretary of the North 
Carolina Department of Human Resources. The North Carolina Social Services Commission, and C 
Barry McCarty, in his capacity as Chairperson of the North Carolina Social Services Commission, De- 
fendants [100 N.C. App. 603, 398 S.E.2d 40 (1990)]. 

16 NCAC 6D .0105 - USE OF SCHOOL DA Y 

The North Carolina Supreme Court, per Associate Justice Henry E. Frye, held invalid Rule 16 NCAC 
6D .0105 as decided in The State of North Carolina; The North Carolina State Board of Education; and 
Bob Etheridge, State Superintendent of Public Instruction, Plaintiffs v. Whittle Communications and The 
Thomasville City Board of Education, Defendanl-Counterclaimants and The Davidson County Board of 
Education, Defendant- 1 ntervenor and Counter claimant v. The State of North Carolina; The North 
Carolina State Board of Education; and Bob Etheridge, State Superintendent of Public Instruction; and 
Howard S. Haworth; Barbara M. Tapscott; Kenneth R. Harris; Teena Smith Little; W.C. Meekins Jr.; 
Mary B. Morgan; Patricia H. Neal; Cary C Owen; Donald D. Pollock; Prezell R. Robinson; Norma 
B. Turnage; State Treasurer Harlan E. Boyles; and Lt. Governor James C. Gardner; in their official 
capacities as members of The North Carolina State Board of Education, Counterclaim Defendants [328 
N.C. , S.E.2d (1991)]. 

15A NCAC 7H .0308 - SPECIFIC USE STANDARDS 

The North Carolina Court of Appeals, per Judge Sidney S. Eagles Jr., held that it was error for the 
Coastal Resources Commission to fail to follow the required notice and comment procedure prior to 
the adoption of temporary rule 15A NCAC 7H .0308(a)(l)(M), but that the CRC followed proper 
procedures when it adopted the text of the temporary rule as a permanent rule [15A NCAC 7H 

.0308(a)( 1)(M)]. Conservation Council of North Carolina v. Haste [ 102 N.C. App. , 402 S.E.2d 

447(1991)]. 



6:3 NORTH CAROLINA REGISTER May 1, 1991 182 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The Xorth Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TILE 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Flections 


Electrical Contractors 


18 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Fitters 





12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


2S 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifery Joint Committee 


33 


16 


Public Education 


Mortuary Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretary' of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


n 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing, Heating and Fire Sprinkler 
Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Surveyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


f>2 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



183 



6:3 NORTH CAROLINA REGISTER May 1, 1991 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1991 - March 1992) 





1991 - 


1992 




Pages 






Issue 


1 - 44 
44 - 99 
100 - 185... 






1 - April 

2 - April 
... 3 - May 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



AGRICULTURE 

Plant Industry, 102 PR 

CORRECTION 

Division of Prisons, 35 FR, 87 FR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Alcoholic Beverage Control Commission, 4 PR 
Community Assistance, 104 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Health: Epidemiology, 28 PR 

Health Services, 9 PR 

Marine Fisheries, 122 PR 

Wildlife Resources Commission, 84 PR, 170 PR 

FLNAL DECISION LETTERS 

Voting Rights Act, 48 

FLNAL RULES 

List of Rules Codified, 89 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 45, 100 

HUMAN RESOURCES 

Aging, Division of, 72 PR 
Facility Services, 104 PR 



6:3 NORTH CAROLINA REGISTER May I, 1991 184 



CUMULA TIVE INDEX 



Medical Assistance, 9 PR, 112 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 5 PR, 49 PR 

Social Services, 116 PR 

INSURANCE 

Actuarial Services, 119 PR 
Special Services Division, 84 PR 

JUSTICE 

Private Protective Services, 121 PR 

LICENSING BOARDS 

Architecture, Board of, 30 PR 

Physical Therapy Examiners, Board of, 33 PR 

Real Estate Commission, 171 PR 

PUBLIC EDUCATION 

Elementary and Secondary, 29 PR 

STATE PERSONNEL 

State Personnel Commission, 172 PR 

SECRETARY OF STATE 

Securities Division, 85 PR 



1S5 6:3 NORTH CAROLINA REGISTER May 1, 1991 



NORTH CAROLINA ADMINISTRATIVE CODE 

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